The set of rulings issued by the courts and the doctrine presented by these rulings are known as jurisprudence.
From the Latin concept iuris prudentĭa , the set of court rulings and the doctrine they contain are known as jurisprudence . The term can also be used to refer to the criterion on a legal problem that was established by previous rulings and to the science of law in general.
Jurisprudence is a source of law , composed of past acts from which the creation or modification of legal norms has been derived. For this reason, it is sometimes said that a certain case "has established jurisprudence" for the courts of a country.
Judges, in many cases, must base their decisions on a review of previous rulings. This means that a review of the jurisprudence is carried out.
Importance and functions of jurisprudence
The importance of jurisprudence within the field of law is fundamental. Because? Because thanks to it, it is possible to overcome the imperfections that the legal system has by creating what would be legal content for future cases that may have a substantial similarity.
Among the different functions attributed to jurisprudence, we can establish that perhaps the most important and significant is that of interpretation. And it is responsible for carrying out the study of a legal precept applied or used in a specific case.
However, it is also necessary to highlight their integrative work. Under this name is the task of covering the gaps or deficiencies that occur in the Law when there is no law that addresses a specific issue.
But they are not the only functions that jurisprudence has. In the same way, we must highlight the fact that it is responsible for ensuring progress and adapting to what would be the historical demands of society at all times.
Jurisprudence is considered to be a source of law.
Evolution of laws
By studying the various changes in jurisprudence throughout history , it is possible to know the evolution of the laws .
There are times when positive law reforms are not applied, therefore, jurisprudence is the best way to know the real and effective history of justice .
Jurisprudence according to the country
It is important to keep in mind, however, that the value, importance or effectiveness of jurisprudence changes according to the legislation of each country. In Chile , for example, courts can rule in contradiction to previous rulings.
In Spain , on the other hand, jurisprudence is not considered a source of law, although it is taken into account as a complement to the legal system. The application of jurisprudence, ultimately, depends on each nation.
It is interesting to establish that in Spain there is what is known as CENDOJ, it is a web space of the General Council of the Judiciary that gives us the opportunity to search for the jurisprudence that interests us. To do this, we must establish criteria such as the type of jurisdiction, the type of resolution, the date or the number of appeals, among other issues.
In the same way, we cannot ignore that we can also study and search for constitutional jurisprudence using the BOE (Official State Gazette).