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Summary Jurisprudence and Legal Theory
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Jurisprudence and Legal Theory.
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22/23Jurisprudence and Legal Theory.
How to study jurisprudence
An initial problem in studying jurisprudence is the orientation of
the subject.
Come to it with an open mind and do not bother if at first it is not
obvious why you should be studying it or what use it will be to in
your future career. The answers to these questions will become
clear to you during the year. If you study properly, you will gain a
broad and flexible approach to legal questions of all sorts.
Jurisprudence allows you to step back from the minutiae of what
you’re doing in the core subjects and speculate on more general,
but equally pressing, questions of law. In popular language, you
will learn how to think laterally.
Teachers of jurisprudence well understand that for first-comers to
the subject, the initial orientation can be hard going. They are also
used to the enthusiasm that frequently develops later, and which
remains for a very long time. We frequently meet former students,
some now distinguished practising lawyers, who at alumni
functions tell us that they would ‘like to have spent more time
studying jurisprudence’. Our experience, too, is that this seemingly
unpractical subject is not unpopular with practising lawyers. Don’t
be the unsuspecting interviewee who says ‘I hated jurisprudence
because it meant less time on commercial law, taxation, etc.’
because that can strike just the wrong note with a future employer.
Flexibility and breadth in thinking and writing are both soughtafter criteria of employability.
, You should note early on that facts are much less important in
jurisprudence. It is the ideas that are important. True, the subject
has facts, and case-law type subjects are not devoid of ideas.
Nevertheless, there is a far greater proportion of abstract,
theoretical material in jurisprudence, and the single most common
problem is failure to appreciate this. Read Fuller’s ‘The Case of the
Speluncean Explorers’ for an enjoyable way to see how a relatively
simple set of facts lends itself to vastly different approaches, each
characterised by certain abstract ideas. That article, by the way, is
used as the introductory reading in jurisprudence in law schools all
over the world.
How to read works in jurisprudence
Appreciate that the subject-matter is difficult. You will have to learn
to read difficult to understand works. This means that you should
slow down and contemplate everything carefully. It is not like
reading a light novel! And for that matter, as you know, reading the
reports of judicial decisions can be difficult. Each chapter of the set
book, Hart’s The Concept of Law, requires several hours, sustained
effort.
Every so often, ask yourself what you’ve just read. Put your book
down and write down, or speak aloud, what the writer has said.
You will find that, if you can do it, you will remember having done
it!
The great jurists were straightforward people who spoke naturally
and not in jargon. What they have in common is:
sound moral perception
the intellectual ability to range from the very abstract to the
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