Author(s): Dr. Bindu Variath

Abstract: This article delves into the jurisprudence of civil law, providing a comprehensive analysis of the philosophical foundations and theoretical frameworks that underpin this legal system. Drawing upon key concepts, schools of thought, and historical perspectives, the study explores the fundamental questions pertaining to the nature of law, legal reasoning, and the role of judges within civil law jurisdictions. The article examines prominent jurisprudential theories, including legal positivism, natural law, legal realism, and legal formalism, and evaluates their impact on civil law systems. It further investigates legal interpretation methodologies and the diverse approaches employed to ascertain the meaning and scope of legal provisions. By exploring different civil law systems, such as those influenced by Roman law, Napoleonic Code, and Germanic legal traditions, the article elucidates the historical development and unique characteristics of these systems. Additionally, the discourse delves into contemporary debates surrounding issues such as judicial activism, considering the role of judges in interpreting and shaping legal principles within civil law contexts. By shedding light on the jurisprudence of civil law, this article offers a valuable resource for legal scholars, practitioners, and students seeking a deeper understanding of the philosophical and theoretical underpinnings that define civil law systems.

Pages: 59-62 | Views: 385 | Downloads: 191

Download Full Article: Click Here