Of the Latin concept iuris prudentĭa, is known as jurisprudence to the set of court rulings Yet the doctrine that contain. The term can also be used to refer to the criterion on a legal problem that was established by previous judgments and to the science of the right in general.
Jurisprudence is a source of law, composed of the past acts from which the creation or modification of legal norms has 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 jurisprudence is carried out.
The importance of jurisprudence within the field of law is fundamental. Why? Because thanks to it, the imperfections that the legal system has are overcome 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 the interpreter. And it is in charge of carrying out the study of a legal precept applied or used in a specific case.
However, it is also necessary to underline its integrative work. Under this denomination 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.
By studying the various changes in jurisprudence throughout the story, 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 the Justice.
It is important to bear in mind, however, that the value, importance or effectiveness of jurisprudence changes according to the legislation of each country. On chili, for example, courts can rule in contradiction to previous rulings.
On SpainOn the other hand, jurisprudence is not considered as a source of law, although it is taken into account as a complement to the legal system. Ultimately, the application of jurisprudence 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 class of resolution, the date or the number of appeals, among other issues.
In the same way, we cannot ignore the fact that constitutional jurisprudence can also be in charge of studying it and searching for it through the use of the BOE (Official State Gazette).