Editing Jurisprudence (section)

== History ==
{{See also|Roman law#Jurisprudence}}
Ancient jurisprudence begins with various [[Dharmaśāstra]] texts of India. Dharmasutras of [[Apastamba Dharmasutra|Āpastaṃba]] and [[Baudhayana sutras|Baudhāyana]] are examples.<ref>{{Cite web |first=Markandey |last=Katju |author-link=Markandey Katju |title=Ancient Indian Jurisprudence |url=http://www.bhu.ac.in/mmak/resent_article/JusticeKatjusLec.pdf |archive-url=https://web.archive.org/web/20111104185051/http://bhu.ac.in/mmak/resent_article/JusticeKatjusLec.pdf |url-status=dead |archive-date=4 November 2011 |date=27 November 2010 |website=[[Banaras Hindu University]] |access-date=11 April 2019}}</ref>

In Ancient China, the [[Daoism|Daoists]], [[Confucianism|Confucians]], and [[Legalism (Chinese philosophy)|Legalists]] all had competing theories of jurisprudence.<ref>{{cite journal |last=Chang |first=Wejen |title=Classical Chinese Jurisprudence and the Development of the Chinese Legal System |url=http://www.tsinghuachinalawreview.org/articles/0202_Chang.htm |date=Spring 2010 |journal=[[Tsinghua University School of Law|Tsinghua China Law Review]] |volume=2 |number=2 |access-date=27 June 2019 |archive-date=18 December 2021 |archive-url=https://web.archive.org/web/20211218213350/http://www.tsinghuachinalawreview.org/articles/0202_Chang.htm |url-status=dead }}</ref>

Jurisprudence in [[ancient Rome]] had its origins with the ''periti''—experts in the ''[[Ius|jus]]'' ''[[mos maiorum]]'' (traditional law), a body of [[oral law]]s and customs. [[Praetor]]s established a working [[Roman law|body of laws]] by judging whether or not singular cases were capable of being prosecuted either by the ''edicta'', the annual pronunciation of prosecutable offences, or in extraordinary situations, additions made to the ''edicta''. A ''iudex'' (originally a [[Roman magistrate|magistrate]], later a private individual appointed to judge a specific case<ref>Adolf Berger, s.v. ''iudex'', ''Encyclopedic Dictionary of Roman Law'' (American Philological Society, 1953, 1991), p.&nbsp;518.</ref>) would then prescribe a remedy according to the facts of the case.

The sentences of the ''iudex'' were supposed to be simple interpretations of the traditional customs, but—apart from considering what traditional customs applied in each case—soon developed a more equitable interpretation, coherently adapting the law to newer social exigencies. The law was then adjusted with evolving ''institutiones'' (legal concepts), while remaining in the traditional mode. Praetors were replaced in the 3rd century BC by a laical body of ''prudentes''. Admission to this body was conditional upon proof of competence or experience. Under the [[Roman Empire]], schools of law were created, and practice of the law became more academic. From the early Roman Empire to the 3rd century, a relevant body of literature was produced by groups of scholars, including the Proculians and [[Sabinians]]. The scientific nature of the studies was unprecedented in ancient times. After the 3rd century, ''juris prudentia'' became a more bureaucratic activity, with few notable authors. It was during the [[Eastern Roman Empire]] (5th century) that legal studies were once again undertaken in depth, and it is from this cultural movement that [[Justinian I|Justinian]]'s {{Lang|la|[[Corpus Juris Civilis]]}} was born.

Modern jurisprudence began in the 18th century and was based on the first principles of [[natural law]], [[Civil law (legal system)|civil law]], and the [[law of nations]].{{sfn|Garner|2009|loc=Jurisprudence entry}}