What Is Jurisprudence? Is It Still Justinian's ‘Science of Things Divine and Human’? Is It Still ‘The Science of the Just and the Unjust’?
56 Pages Posted: 2 Feb 2016
Date Written: 2015
The paper is to answer the question what jurisprudence is. Is it still “the science of things divine and human”, as it was wonderfully stated in the Code of Justinian in 534, following Roman law (Roman jurisprudence) and great Roman jurists like Ulpian? Is jurisprudence still “the science of the just and the unjust”, as we read in the Code? I propose to go to Justinian’s Compilation, Book I. Of Persons, I. Justice and Law: Justice is the constant and perpetual wish to render every one his due. Jurisprudence is the knowledge of things divine and human; the science of the just and the unjust. The paper will also examine the historical, theoretical, and axiological foundations of the European legal culture. To understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers important for European law from ancient times to the 19th century. The paper not only presents the theoretical and historical issues of the European legal culture but also acquaints the audience with the true foundations of our contemporary legal institutions, and the methods of legal thinking in Europe.
Keywords: Justinian, justice, injustice, law
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