By Sir Lawrence A. Joseph
Perhaps the most compelling argument for all Caribbean countries to accede to the Appellate Jurisdiction of the Caribbean Court of Justice (CCJ) is to establish and develop a Caribbean jurisprudence. The term jurisprudence has evolved over the years with varying meanings. In the present context, jurisprudence refers to the science of law which ascertains the principles upon which legal rules are to be determined and settles the manner in which new or doubtful rules should be treated. Whilst a number of laws are settled laws which are either established by constitutional provisions, legislation or by case decisions, there will always be new situations which will tax judicial discretion and reasoning to a maximum. In such situations, all the cultural and sociological experiences of judges will in fact have tremendous influences on their decisions. It seems therefore that Caribbean judges would be ideally suited to settle any new and doubtful Caribbean issue.