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NeCede's

Maxim 3.4.16

Jurisprudence is the knowledge of things Divine and human; the science of the just and the unjust.

Source: Dig. 1, 1, 10, 2; Inst. 1, 1, 1; Bract. 3; People v. Ruggles, 8 Johns. (N.Y.) 290, 295; Weisman, 69g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) True jurisprudence encompasses both divine and human law and demands the ability to distinguish the just from the unjust — invoke this definition to remind a tribunal that law is a moral science, not mere procedure.

Where this applies

  • A judge reminds the courtroom that the law is not merely a set of technical rules but a moral science concerned with distinguishing right from wrong in the light of both divine and human principles.
  • A law student argues that morality has no place in jurisprudence; the professor responds that from Justinian onward, the science of law has always encompassed what is just and unjust.
  • A party urges the court to apply a statute mechanically without regard to fairness; the court invokes the classical definition of jurisprudence to insist on justice as the law's ultimate aim.

Legal domains

Cite this maxim

NeCede Max. 3.4.16 — Jurisprudence is the knowledge of things Divine and human; the science of the just and the unjust. — Dig. 1, 1, 10, 2; Inst. 1, 1, 1; Bract. 3; People v. Ruggles, 8 Johns. (N.Y.) 290, 295; Weisman, 69g

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