Jurisprudence
From French, Spanish and Italian (case law) and English (philosophy of law)
Basic ideas
What it means
In English, jurisprudence is the theory or philosophy of law. In French, Spanish and Italian, 'jurisprudence', 'jurisprudencia' and 'giurisprudenza' mean the case law, the body of decisions by courts.
Why it travels badly
This is one of the most common false friends in legal translation. A translator who renders 'la jurisprudence' as 'jurisprudence' tells an English reader that a text is about legal philosophy, when it is about court decisions.
How other systems say it
jurisprudence (and jurisprudence constante)
The decisions of the courts. 'Constant case law' is a long line of consistent decisions, which carries real weight but is not formally binding.
jurisprudencia
A formal, binding term: rulings that meet strict conditions, published by the Supreme Court and the collegiate courts, which lower courts must follow.
Rechtsprechung (case law) and Rechtsphilosophie (jurisprudence)
German has two words, so the problem does not arise.
United States
jurisprudence
Usually the philosophy of law, but courts also speak of 'takings jurisprudence' to mean the case law on a topic.
Tip for translators and students
Translate 'jurisprudence' from French, Spanish or Italian as 'case law', and from English into those languages as 'filosofía del derecho', 'philosophie du droit' or 'teoria del diritto'.
Related: Doctrine, Stare decisis and jurisprudence constante, Droit, Recht, Derecho, Diritto
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
