A JURISPRUDENTIAL EXPLANATION OF THE NATURE AND IMPORTANCE OF LEGAL THEORY

Abstract

The essence of law in the society and jurisprudence has been a debatable matter resulting in diverse schools of thoughts. These various schools of thoughts have different knowledge and understanding of what they believe law is and this has led to the postulation of various theories by jurists in jurisprudence all through the years. This paper centers on the history of legal thoughts and its significance to contemporary times. It was the finding of this paper that legal theories are imperative to modern society. Furthermore, that every concept in the history of humanity, like jurisprudence are related in the sense that an understanding of historical context is vital to an intelligent interpretation of theories, especially of theories that emerged in worlds whose social, political, and religious dimensions were very divergent from our Contemporary experiences. Legal theories are useful to law making. Legal theories such as natural law theory, Austin’s legal positivism and Kelsen’s pure theory of law are crucial to the understanding of the political, social, and intellectual culture in the development of the society. This is also true of the conditions underpinning theories produced in our own time and place. This paper is indispensable to the origin of theory of Law in Jurisprudence as well as the understanding, interpretation and appreciation of such theories from its past to the present day. There is no absolute form of law or absolute type of law-making; all are dependent on elements in law, juristic, political agencies, circumstances of time and country. Law is part of the culture of society, economic and social developments affect the law. Thus the theory of law will always be relevant even now and in the future.