Source of Law Jurisprudence

SOURCE OF LAW:
Jurisprudence
Civil Code provides that judicial decisions applying to or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines
Only decisions of its Supreme Court establish jurisprudence and are binding on all other courts.
Thus, these decisions assume the same authority as the statutes to which they apply or interpret
and until authoritatively abandoned, necessarily become, to the extent that they are applicable,
the criteria which must control the actuations not only of those called upon to abide thereby but
also of those duty-bound to enforce obedience thereto.1
Scope of Jurisprudence:
Jurisprudence involves certain types of investigations into law, and investigation an
abstract, general and theoretical nature which seeks to lay the bare essential principles of law and
legal systems.
Salmond observed: In jurisprudence we are not concerned to derive rules from authority
and apply them to problem, we are concerned rather to reflect on the nature of legal rules, on the
underlying meaning of legal concepts and on the essential features of legal system. It therefore
follows that jurisprudence comprises philosophy of law and its object is not to discover new
rules but to reflect on the rules already known.
CONTENTS OF JURISPRUDENCE:
The following are the contents of jurisprudence:i.)
Sources
It is true that the basic features of a legal system are mainly to be
found in its authoritative sources and the nature and working of the legal
authority behind these sources. Under this head matters such as custom,
legislation, precedent as a sources of law, pros and cons of codification of
laws, methods of judicial interpretation and reasoning, an inquiry into the
administration of justice etc., are included for study.
ii.)
Legal Concepts :
Jurisprudence includes the analysis of legal concepts such as
rights, title, property, ownership, possession, obligations, acts, negligence,
legal personality and related issues. Although all these concepts are
equally studied in the ordinary branches of law, but since each of them
functions in several different branches of law, jurisprudence tries to build a
more comprehensive picture of each concept as a whole.
iii.)
Legal Theory :
Legal theory is concerned with law as it exists and functions in the
society and the manner in which law is created and enforced as also the
1 http://www.aseanlawassociation.org/papers/phil_chp2.pdf
influence of social opinion and law on each other. It is therefore necessary

that while analyzing legal concepts and effort should be made to present
them in the background of social developments and changing economic
and political attitudes.
JURISPRUDENCE IS THE EYE OF LAW:
On account of importance of jurisprudence in the field of law it is called, The eye of
Law. The eyes are one of the most important parts of human body. Almost all human activities
and the movements of body are possible only through them. Unless man can see anything
properly, he cannot do any work. The reason of calling jurisprudence the the eye of law is that
jurisprudence functions for law in the same manner as the eyes do in human body. For examplethe interpretation of law is a very difficult task, It cannot be done without the help of
jurisprudence.
PATON in this connection says that, Jurisprudence is a particular method of study, not
the law of one particular county but of the general notions of law itself. Whenever any
complicated problem regarding law like:
1
How and when the law developed.
2
What is its object.
3
Whether the law was made by people or it was due to the inspiration of some Divine
force.
4
Whether the law is a command of a sovereign or it is a result of gradual development
of civilization in society. The main function of jurisprudence is to study the origin of
law, its development and its contribution towards society.
The matters to birth, marriages, death, succession etc., are equally controlled through laws. It is
the well known saying that, ignorance of law is no excuse, hence it is essential to know the
correct basic principles of law which are contained only in the jurisprudence. Law is also
connected with civil life. A person who obeys laws is known as a civilized citizen. A person who
does not obey law is punished. It is therefore necessary that all the people should have the sound
knowledge of law which is possible only with the help of jurisprudence. Therefore,
jurisprudence, having so much importance for the society, has rightly been called the eye of
law.2
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MONOLOGUE (draft)
I am jurisprudence.
I am one of the sources of law. Only the decisions of the Supreme Court
establish me and binding all the subordinate courts.
My object is not to discover new rules but to reflect on the rules already
known.
Do you know, what are my contents? I have three contents.
o First is the source such as custom, legislation, precedent as a sources
of law, pros and cons of codification of laws, methods of judicial
interpretation and reasoning, an inquiry into the administration of
justice etc., are included for study.
o Second is the legal concept, I include the analysis of legal concepts
such as rights, title, property, ownership, possession, obligations, acts,
negligence, legal personality and related issues.
o Lastly, is concerned with law as it exists and functions in the society
and the manner in which law is created and enforced as also the
influence of social opinion and law on each other.
As to the importance in the field of law, I am called, The eye of Law. I am
compared to the eyes because through the human eyes person can see
properly and can do any work. The reason for calling me the eye of law is
that my functions for law in the same manner as the eyes do in human body.
Thus, I throw light on the basic ideas and the fundamental principles of law
in a given society. I provide an opportunity to bring theory and life into
focus for it concerns human thought in relation to social existence. The law
should serve the purpose of social-engineering by preserving societal values
and eliminating conflicting interests of individuals in the society.

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SOURCE OF LAW:

influence of social opinion and law on each other. It is therefore necessary

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