Legal science, jurisprudence (an armor. jūris prūdentia "jurisprudence", from an armor. jūs, a sort. The item jūris "right" and an armor. prūdentia "prediction", "knowledge") is the complex science studying intrinsic properties of the state and the right; set of legal knowledge; practical activities of lawyers and system of their preparation.
Thus as jurisprudence understand some the interconnected concepts:
Science about the state and the right, studying results of legal regulation and putting forward legal ideas about possibility of entering of progressive changes in the mechanism and ways of regulation of a society.
Set of knowledge of the state, management, the right, which presence gives the grounds for professional work legal activity.
Practical application of legal knowledge, activity of lawyers.
System of preparation of experts-lawyers in legal educational institutions.
Legal sciences, jurisprudence - the social studies studying the law, legal system as system of social norms, правотворческую and правоприменительную activity.
Theoretical and philosophical legal sciences - jurisprudence, state and right history (right history), the state and right theory, history of legal doctrines.
Legal (legal) sciences on right branches: a civil law science, a science of criminal law, etc.
Applied legal sciences - criminalistics, a criminology, forensic medicine, judicial psychiatry, legal psychology, etc.
History
Antiquity
Jurisprudence elements arose in process of development of the legislation and a legal science: some data on the right joined in general education system still in the ancient time. Originally they accompanied religious knowledge and philosophy. For example, in India the right of brahmen contacted a religious cult and was studied along with it. In Israel legal instructions were studied on Zakonam Moiseja. In the Ancient Greece at schools стоиков trained in judicial eloquence.
Gradually the jurisprudence has stood apart in an independent subject matter and already with reference to Ancient Rome it is possible to confirm about presence of certain system of juridical education. Originally the knowledge of the right in Ancient Rome also was the privilege of priests. The Roman lawyer Pompony wrote that in 254 year BC Tibery Korunkany — the first Supreme priest from plebeians — declared that will explain the right to each interested person, than has begun right teaching publicly.
The first private law school where teachers gave lectures, gave answers to questions and conducted debates with pupils, has been organized by Sabine in I century d.C. (the school сабинианцев before Kapitonom has been based). Also the school прокульянцев is known. In IV-V centuries there were already some such schools with four-year term of training (in Rome, Constantinople, Athenes, Alexandria, Caesarea, Beirut) where pupils studied compositions of known Roman lawyers, first of all Guy's Institutions, and also the composition of Papiniana and Julia Pavel. In 533 year emperor Justinian has published the special constitution about introduction of a 5-year-old course with obligatory studying of its Institutions, Digest and Kodeksa Justiniana.
The Middle Ages
The successor of the Roman legal tradition Byzantium continued to remain.
In the Arabian countries domination has passed to the religious right — to Sheriyat, therefore legal knowledge was got with religious Islamic training.
In the Western Europe in the early Middle Ages of special juridical education wasn't. However in X century in Pavia the school where it was taught лангобардское the right has been based. In the end of XI century in Bologna besides school of free arts there was the school of the right later transformed to Bolonsky university where in the middle of XII century some thousand students from the different countries of Europe were trained in the Roman right.
In XII-XV centuries in a number of countries of Western Europe there are universities (Oxford, Cambridge, Parisian, Paduansky, etc.) where faculties of law on which mainly Roman law was studied were leaders.
At the people of the Western Europe the jurisprudence becomes the invariable companion of cultural development. Gradually developing estate of lawyers in Italy, England, France and Germany is occupied throughout centuries by theoretical and practical working out both Roman, and the domestic right, and also the philosophical analysis of doctrines of the so-called natural right. Treatises of lawyers lay down here in the basis of legislative and judicial activity; many of them get the authority equal to the legislative. The West European lawyers from the first steps of the activity put to themselves purely practical problems, religions alien interests and a policy. Initial treatises of these lawyers are practical collections of data cards for the conclusion of legal transactions and litigation.
Occurrence numerous brevia (writs), containing individualized, like Roman, claims on each case of infringement of the rights protected by laws became feature of jurisprudence of medieval England. Gradually such brevia are exposed to legal working out from lawyers. Near to collections brevia there are collections of judgements (records), comments to them, judicial managements (reports), with a statement of the most important judicial cases and arguments, on which the parties based the claims. At last, there are the whole reviews of the law in force which had huge educational and practical legal value. In XII and XIII centuries among such collections the Treatise about laws and customs of kingdom of England »(Tractatus de legibus et consuetudinibus regni Angliae) for Glenvilla — the first treatise on a general law, and also« De legibus et consuetudinibus regni Angliae libri quinque »(English is most known« On the Laws and Customs of England) Henry Brektona — most considerable of medieval legal compositions of England, representing processing of numerous judicial incidents and the decisions, got by characteristic logic for English jurisprudence and practical sense. In it influence of the Roman right and acquaintance to Institutsijami Justiniana also is appreciable.
Considerable difference of English local legal tradition from continental, based on the Romance right, has predetermined further separate development of English-Saxon and romano-German legal families.
The French jurisprudence till XV century directs the attention to collecting and common law processing in кутюмы (фр. coutume — custom) but mainly with studying of the Roman right. For example, Great Kutjumy of Normandy, Kutjumy Bovezi Phillip де for Bomanuara and кутюмы other French earths and cities are known. On their basis in 1389 «the Big collection of customs of France» which however couldn't overcome separation of the national right in France (up to Great French revolution) has been made.
The jurisprudence in Germany during the early period of the development lagged behind in development from English and French. Only by the end of XIV century the considerable centers of studying of the right — Karlov university in Prague, the Heidelberg and Leipzig universities where the initial right was studied along with the civil Roman are formed.
New time
England
The new push to development of English jurisprudence in second half XV centuries is given by compositions of Forteskju: «De laudibus legum Angliae» and Litltona: «Tenures». The first has primary value in the field of public, the second — in the field of private law. Litltonom follow S.Zhermen («Dialogus de fundamentis legum Angliae et de conscientia», 1523), Fittsgerbert («New Natura Brevium», 1538), Staunford, the oldest English theorist of criminal law («The Pleas of the Crown», to 1558), Smith (it «De republica Anglorum» represents compressed компендиум state, criminal and civil law of England of its time, 1565).
The composition of the Cook of the general character — «Institutes of the laws of England» well-known also. There was variety of the minor lawyers consistently developing separate branches and all system of the English right (from them stand out Hall, Hawkins, Comyns — lawyers of a XVII-th century).
One of the most known works of English jurisprudence of New time can name William Blekstona's four-volume work «Comments to English laws» (English Commentaries on the laws of England) the XVIII-th century end. It had been entered teaching at university of a national general law (English Common Law) into Great Britain that considerable impact and on jurisprudence of the USA has made.
France
By the end of XV century in France serious processing of judgements in interests of practical application of right Jurisprudence des Arrêts among which figures Lue (Louet), the made collection of decisions (about 1602), and Denizar (Denisart) especially stand out begins. Then follows number of the lawyers who have directed the attention, except studying of the Roman right, to processing редижированного already common law and numerous royal ордонансов (begun to play an appreciable role owing to collecting of the French earths and royalty strengthening), for the purpose of association of all kinds of sources of the right in France. Among them Dju-Mulen, with Kokil, Luazel, Lorer, Savari (in the field of a commercial law), Pote, Д’Агессо, Domat are allocated.
After Great French revolution the edition of new codes (the criminal code, Napoleon's civil code) has caused numerous group of their commentators and creates the scientific activity directed on догматизацию of positions and historical studying of development of the right of France.
Germany
In process of Retseptsii of the Roman right the attention of jurists of Germany concentrates more and more on this right; the independent thought is shown only in the form of the rare exceptions which sample is Ulrih Tsazy. Practical studying of the right concentrates at school of the lawyers operating in the field of jurisdiction рейхскаммергерихта of Sacred Roman empire and its activity. Among them Ioahim Minzinger a background Frundek (Protestant) and its opponent Andrey Gajl (Catholic) stand out in 2nd half XVI centuries.
The German right is studied in sense противоположения its Roman (in the name of legal works it is characteristic differentiae). Here attract attention «Differentiae juris civilis et sassonici» Benedict Rejngarda (1549) and Ludwig Faksa (1567). From a XVII-th century the German jurisprudence tries to enter opposition against domination of the Roman right. In this direction show the activity school of the natural right and germanists. In 1643 there is Henry Konringa's composition: «De origine juris germanici», shined development of the national German right and its true relation to the Roman. It followed by Johann Shiltera's works — «Praxis juris romani in foro germanico» (1698) and Samuila Shtrika — «Usus modernus pandectorum» (1690—1712).
In a XVIII-th century of work of German lawyers concentrate on a question on codification of the general German and the local rights Prussian, Bavarian and Austrian: here names of Samuelja Koktsei and Gottliba Suaretsa are allocated.
Russia
Attempts to allocate jurisprudence in an independent subject of training in Russia were undertaken since XVI century. Teaching «justice spiritual and wordly» in the Slavjano-Greek-Latin academy based in 1687 Was supposed. In 1715 to Peter I about establishment the Project has been submitted to Russia academies of a policy for advantage of the state offices »«. In 1703-1715 in Moscow there was a so-called Naryshkinsky school where along with other subjects were taught the ethics including elements of jurisprudence, and also a policy. According to «General regulations» 1720 the board of cadets (it is abolished in 1763) which should study practically jurisprudence at boards has been based. At establishment in 1725 of Academy of Sciences creation of chair of jurisprudence has been provided, in 1726-1765 at the academic university the jurisprudence was taught. In 1732 the Shljahetsky case in which program studying of theoretical jurisprudence has been included has been opened.
At the Moscow university for the first time lectures on the right have been read in 1755, however regular lectures and employment at faculty of law have begun since 1764. They were read by the invited German professors. Since 1767 of employment the first Russian professors-lawyers — S.E.Desnitsky and I.A.Tretjakov conducted. The right was taught at all universities (in Kharkov, Kazan, Derpte, Petersburg, Kiev, Odessa, etc.), based in Russia in XVIII-XIX centuries. The jurisprudence as dominating discipline has been entered in legal Demidovsky lycée in Yaroslavl. In 1835 the jurisprudence school (for noblemen), also giving higher juridical education has been opened.