Legal Definitions - systematic jurisprudence

Systematic jurisprudence refers to the branch of legal philosophy concerned with analyzing, classifying, and describing existing law as it is, rather than as it ought to be. It focuses on understanding the structure, principles, and relationships within a legal system, aiming to present a clear and organized account of the current state of the law.

It is essentially the descriptive study of law, seeking to explain and systematize the rules, concepts, and institutions that make up a legal system at a particular time. This approach contrasts with "censorial jurisprudence," which evaluates law based on moral or ethical principles and proposes reforms.

• Example 1: A Comprehensive Legal Textbook

  Imagine a law professor writing a textbook on contract law for first-year law students. This textbook meticulously outlines the current rules governing offer and acceptance, consideration, breach of contract, and remedies, citing relevant statutes and landmark court cases. The professor's goal is to explain the established principles and doctrines of contract law as they exist today, without arguing for changes or critiquing their moral implications.

  This illustrates systematic jurisprudence because the textbook is engaged in describing and organizing the existing body of contract law, explaining its structure and principles. It presents the law "as it is," providing a clear and coherent account for students to understand the current legal framework.

• Example 2: Codification of State Statutes

  A state legislature undertakes a project to revise and codify all its existing environmental protection statutes into a single, organized legal code. This involves identifying all relevant laws, removing redundancies, resolving minor inconsistencies, and arranging them logically by subject matter (e.g., air quality, water pollution, waste management). The aim is to make the state's environmental law more accessible and coherent for citizens and legal professionals.

  This is an application of systematic jurisprudence because the project focuses on presenting the *current* environmental law in a clear, structured, and organized manner. The effort is dedicated to describing and systematizing the law as it exists, rather than creating new laws or debating their ethical merits.

• Example 3: Analysis of International Trade Law

  A legal scholar publishes a research paper that systematically analyzes the provisions and interpretations of various international trade agreements, such as those administered by the World Trade Organization (WTO). The paper categorizes different types of trade barriers, identifies common principles governing international commerce, and explains how member states have interpreted and applied these agreements in their domestic legal systems.

  This exemplifies systematic jurisprudence because the scholar is engaged in describing and organizing the existing body of international trade law. The work focuses on understanding the current legal framework, its components, and its application across different jurisdictions, rather than proposing new trade policies or critiquing the fundamental philosophy behind free trade.