Jurisprudence in the context of "Roman law"

⭐ In the context of Roman law, jurisprudence is considered…

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👉 Jurisprudence in the context of Roman law

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I.

Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia.

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Jurisprudence in the context of Fiqh

Fiqh ([fiːk]; Arabic: فقه [fiqh]) is the term for Islamic jurisprudence. Fiqh is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh is known as a faqīh (pl.: fuqaha).

Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence.

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Jurisprudence in the context of Corpus Juris Civilis

The Corpus Juris (or Iuris) Civilis ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian.

The work as planned had three parts: the Code (Codex) is a compilation, by selection and extraction, of imperial enactments to date; the Digest or Pandects (the Latin title contains both Digesta and Pandectae) is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the Institutes (Institutiones) is a student textbook, mainly introducing the Code, although it has important conceptual elements that are less developed in the Code or the Digest. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, including the original texts from which the Code and the Digest had been taken, was forbidden. Nonetheless, Justinian found himself having to enact further laws; today these are counted as a fourth part of the Corpus, the Novellae Constitutiones (Novels, literally New Laws).

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Jurisprudence in the context of Natural law

Natural law (Latin: ius naturale, lex naturalis) is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with positive law (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality", depending on the context in which naturally-grounded practical principles are claimed to exist.

In Western tradition, natural law was anticipated by the pre-Socratics, for example, in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero. References to it are also found in the Old and New Testaments of the Bible, and were later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas. The School of Salamanca made notable contributions during the Renaissance.

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Jurisprudence in the context of Separation of church and state

The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state. The concept originated among early Baptists in America. In 1644, Roger Williams, a Baptist minister and founder of the state of Rhode Island and the First Baptist Church in America, was the first public official to call for "a wall or hedge of separation" between "the wilderness of the world" and "the garden of the church." Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between Church & State," a term coined by Thomas Jefferson in his 1802 letter to members of the Danbury Baptist Association in the state of Connecticut. The concept was promoted by Enlightenment philosophers such as John Locke.

In a society, the degree of political separation between the church and the civil state is determined by the legal structures and prevalent legal views that define the proper relationship between organized religion and the state. The arm's length principle proposes a relationship wherein the two political entities interact as organizations each independent of the authority of the other. The strict application of the secular principle of laïcité is used in France. In contrast, societies such as Denmark and England maintain the constitutional recognition of an official state church; similarly, other countries have a policy of accommodationism, with religious symbols being present in the public square.

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Jurisprudence in the context of Canon law of the Eastern Orthodox Church

The canon law of the Eastern Orthodox Church consists of the ecclesiastical regulations recognised by the authorities of the Eastern Orthodox Church, together with the discipline, study, and practice of Eastern Orthodox jurisprudence.

In the Eastern Orthodox Church, canon law is a behavioural standard that aims to apply dogma to practical situations in the daily life of Eastern Orthodox Christians. According to Mihai Vasile, unlike the canon law of the Catholic Church, Eastern Orthodox canon law is corrective rather than prescriptive, which means it is formulated in response to certain questions, challenges, or situations.

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Jurisprudence in the context of Police state

A police state is a state whose government institutions exercise an extreme level of control over civil society and liberties. There is typically little to no distinction between the law and the exercise of political power by the executive, and the deployment of internal security and police forces play a heightened role in governance. A police state is a characteristic of authoritarian, totalitarian or illiberal regimes (contrary to a liberal democratic regime). Such governments are not exclusive to simply one-party states or dominant-party states, as they can also arise in a democracy or multi-party system.

Originally, a police state was a state regulated by a civil administration, but since the beginning of the 20th century it has "taken on an emotional and derogatory meaning" by describing an undesirable state of living characterized by the overbearing presence of civil authorities. The inhabitants of a police state may experience restrictions on their mobility, or on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement. Political control may be exerted by means of a secret police force that operates outside the boundaries normally imposed by a constitutional state. Robert von Mohl, who first introduced the rule of law to German jurisprudence, contrasted the Rechtsstaat ("legal" or "constitutional" state) with the anti-aristocratic Polizeistaat ("police state").

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Jurisprudence in the context of Gender roles in Islam

Gender roles in Islam are based on scriptures, cultural traditions, and jurisprudence.

The Quran, the holy book of Islam, indicates that both men and women are spiritually equal. The Quran states:

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Jurisprudence in the context of Jacques Derrida

Jacques Derrida (/dɛrɪˈdɑː/; French: [ʒak dɛʁida]; born Jackie Élie Derrida; 15 July 1930 – 9 October 2004) was a French philosopher. He developed the philosophy of deconstruction, which he utilized in a number of his texts, and which was developed through close readings of the linguistics of Ferdinand de Saussure and Husserlian and Heideggerian phenomenology. He is one of the major figures associated with post-structuralism and postmodern philosophy although he distanced himself from post-structuralism and disavowed the word "postmodernity".

During his career, Derrida published over 40 books, together with hundreds of essays and public presentations. He has had a significant influence on the humanities and social sciences, including philosophy, literature, law, anthropology, historiography, applied linguistics, sociolinguistics, psychoanalysis, music, architecture, and political theory.

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Jurisprudence in the context of Natural person

In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person.

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