Legal Definitions - jurisprudentia universalis

Jurisprudentia universalis refers to the philosophical study of law in its most general and fundamental sense. Instead of focusing on the specific laws of a particular country or legal system, it explores universal principles, concepts, and theories that underpin all law. It seeks to understand the very nature of law, legal reasoning, justice, and the relationship between law and morality, applicable across different cultures and historical periods.

Here are some examples to illustrate this concept:

• Imagine a scholar researching how different societies throughout history, from ancient civilizations to modern nations, have defined and pursued the concept of justice through their legal frameworks. This scholar isn't analyzing whether a specific traffic law in Germany is just, but rather what justice fundamentally means in a legal context, how it has been interpreted universally, and what role law generally plays in achieving it. This inquiry into the overarching concept of justice, rather than specific legal applications, is an example of jurisprudentia universalis.

• Consider a group of legal philosophers debating the fundamental question of what gives law its authority. They might discuss whether people obey laws out of fear of punishment, a sense of moral obligation, a social contract, or some other underlying principle. This discussion doesn't focus on why a particular statute in the United States is binding, but rather on the universal reasons why any legal system, anywhere in the world, commands obedience. This exploration of the foundational basis of legal authority exemplifies jurisprudentia universalis.

• Think about a discussion among legal theorists regarding the nature of rights. They might ponder whether human rights are inherent to individuals simply by virtue of being human, or if they are granted by the state or society. This isn't about interpreting a specific clause in a national constitution that lists certain rights, but rather about the universal philosophical question of where rights originate and what their fundamental character is, regardless of specific legal enactments. Such an inquiry into the universal concept of rights falls under the umbrella of jurisprudentia universalis.