Nature and Scope of Jurisprudence

This is the function of law where by the law allows a subject to to enter into various transactions or relations but it directs the subjects as to what to do should be done or complied with for the purpose of validating the transaction or relations in question. Example the element of a valid contract, the necessary documents for formulating a company PROHIBITIVE FUNCTION This is the function of law where by the law prohibits certain defiant behavior by terming them as crimes and providing sanctions or punishment on contravention example the penal code which provides for various offensives and punishment the economic and organize crimes and contract act THE NATURE OF LAW There are basically two thoughts of law IDEALISM HISTORICAL MATERIALISM/MARXI'SISM IDEALISM This is a school of thought which maintains that law originate from God and it was written no where but imprinted on people's hearts this was known as natural law. The supporter of this were Plato, Cicero , St. Thomas Aquinas e.t.c they are maintaining that natural law was superior, unchanging, universal and the kings were under this law. HISTORICAL MATERIALISM/MARXI'SISM Origin of law nearly came from God but it came from human beings, they are also saying that law is the result of social relations and production relations, they are adding that during primitive communalism there was no law, it started to develop during class societies. When people were in a position to produce in surplus, due to that two classes emerged "the haves" and "the not haves", "the haves" wanted to dominate "the have not's" so they introduced leadership in the form of a state and laws enforced by the states so as to continue their dominance over "the have not's" and that is why state and law are in separate according to Marxist's law is an oppressing instrument by the ruling class to impose their wishes over the ruled ones. METHODS OF SOCIAL CONTROL THROUGH LAW This basically refers to the various systems a legislature can adopt to achieve social earns through law prof Robert S summers an American tourist has identified five basic techniques used in modern law to control social behavior

Law and Philosophy Library, 2013

This article is used to distinguish a deepest understanding between normative and empirical legal research. The jurisprudence is characteristically sui generis or ‘be on one’s own’, it contents norms and its scope, namely legal dogmatic, legal theory, and philosophy of law, is used to solve legal issues or problems.Otherwise the empirical science armed with its methodology,especially in connection with the sociology of law and called with the socio-legal research, describes merely the legal phenomena. Therefore, this article chiefly criticize the failing of the sociology of law to solve legal issues or problems for legal practice or legal scholarship. Keywords: legal research, jurisprudence.

What is law? What is its purpose? Does it consist merely of rules? Can anything be law? What has law to do with justice? Or morality? Democracy? What makes a law valid? Do we have a duty to obey the law? Th ese, and many other, 'theoretical' questions suffuse the fabric of jurisprudence and legal theory. 1 Jurisprudence is consequently ubiquitous. Its concerns are an inescapable feature of the law and legal system. But it is more. As will soon be evident, it is both informed by, and has significant implications for, economic, political, and social theory. Drawing the boundaries of this vast terrain is therefore a challenging exercise. Studying jurisprudence means stepping back and reflecting on the ideas and assumptions that underlie and thereby define legal practices and institutions. Whereas in other law courses one studies areas of substantive law, jurisprudence studies law in a much more general way, and asks much more abstract and theoretical questions about law as such. Jurisprudence has been there from the times of Socrates 2. Jurisprudence considers general philosophical and theoretical questions about the nature, purpose and operation of law.

Jurisprudence is the study of science of law. The knowledge of law as far as jurisprudence is concerned includes the origin of law, the essence of law, the fundamental of the law, the freedom of the law and the purposes of law

The term "Law' denotes different kinds of rules and Principles. Law is an instrument which regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. Law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from point of view of legislature. Law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of view of Judges. Therefore, Law is a broader term which includes Acts,

The concept of natural law has taken several forms. The idea began with the ancient Greeks’ the conception of a universe governed in every particular by an eternal, immutable law and in their the distinction between what is just by nature and just by convention.