Jurisprudence

The case is the philosophy of law, science that is responsible for treating the principles of the positive law and legal relations . This science of law is formal , or analytical, rather than material. It is the science of real or positive law. In the proper sense of the word, the term refers to the science of law, that is, that science whose main function is to determine the principles on which legal rules are based , in order not only to classify those rules only according to theform and order , but also to show the relationship that exists between the two and also to solve the way in which new or doubtful cases must be subjected to the appropriate rules.

What is jurisprudence?

The jurisprudence consists of the past acts that have modified the legal norms . In it, the judges must be able to base the decisions that are made after making a study and review of the decisions that precede the case. Which means that it consists of a review of jurisprudence.

What is it for

Jurisprudence is important because it helps us to save and repair all possible imperfections that the legal system presents through the creation of a series of legal content for cases that may arise in the future and that have substantial similarities. It works as a means of interpretation that is responsible for carrying out studies of legal precepts applied to specific cases. It serves to integrate and cover gaps that the right may have when there is no established law that deals with a specific situation.

Characteristics

The main characteristics of jurisprudence are based on four aspects that are very important. It is explanatory , since its function is to clarify and fix the possible scope that a law may have when it is not clear. It is supplementary , as it seeks and provides solutions to cases that are not provided for by law. It is differential , since it has the ability to adapt the law to the specific case and in this way it manages to avoid the application of the law in an undifferentiated way causing injustices. And, finally, it is renovating, because, although the law may age, jurisprudence prolongs it, making it more flexible and durable in its precepts.

Types

• Civil : It ‘s the kind of jurisprudence that is responsible for regulating the ties of character private that people establish between themselves and consists of rules that articulate both individuals and legal entities.
• Commercial : Also called commercial law , it is defined as the set of rules that are imposed on merchants so that they can practice their profession. It is the right that is responsible for regulating the exercise of commerce.
• Constitutional : It is the branch of law that is responsible for analyzing and controlling the different laws that govern a state, studies the form of government and how it relates to public powers between citizens and institutions.
• Criminal : The set of rules that help the resolution of conflicts arising from the conduct and behavior of man.

How jurisprudence is formed

It is prepared by the different organs of the State , that is, the courts of justice, which are part of the Judicial Power , and which are guided through the Supreme Court . It is formed by means of a series of sentences that are dictated by the courts or the supreme court. It is formed by reiteration of the sentences handed down on the same case and that have managed to be resolved reaching the same conclusion . At least five cases are needed that have the same topic and that have been solved in the same way.

Jurisprudence as a source of law

Some experts consider that it should be considered as a direct source of law. Some claim to be assimilated with the custom or law customary . There are also those who consider that the application of jurisprudence is assimilated to legal doctrine and must maintain its character as a source of law.

Jurisprudence by country

• Argentina:  The Supreme Court is the highest body of jurisprudence in Argentina. Each state has its supreme court. When there are conflicts, interests are protected by law and a judge is used to file a lawsuit when justice is needed.
• Paraguay:  In this country there are different processes and the Supreme Court of Justice is in charge of providing solutions in the civil sphere and then establishing jurisprudence.
• Mexico :  The jurisprudence is given by:  resolutions that have the same meaning issued by the Judicial Power of the Federation and the Courts; by means of the contradiction of the theses and by virtue of a mandate given by the Constitution.
• Spain :  In this country, it is considered an indirect source of law , however, it has the ability to modulate the law and to establish general principles of law.