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Applied Jurisprudence and Principles of Legal Practice

Applied Jurisprudence and Principles of Legal Practice

  • 作者:
  • 出版商: Clarus Press
  • ISBN: 9781911611011
  • 出版时间 February 2018
  • 规格: Paperback
  • 适应领域: Ireland ? 免责申明:
    Countri(es) stated herein are used as reference only
AU$73.36
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  • 描述 
  • 大纲 
  • 详细

    In Applied Jurisprudence and Principles of Legal Practice Albert Keating argues that substantive jurisprudence may be extended to include concepts of applied jurisprudence and principles of legal practice. He advances his argument by asserting that the first task of applied jurisprudence is to identify the basic law of the constitution of a legal system by the application of naturalist and positivist principles. The second task is to identify the sources of law at play in the system, and this includes interpretative sources, which may be ranked as primary, secondary and tertiary sources of law. Interpretative sources also consist of tests and criteria formulated by the courts out of former decisions, and applied to current contentious matters of the same kind. The jurisprudential process of conceptualisation may also be adopted and applied when formulating concepts out of a fusion of rules, duties and rights, and illustrates this by a formulating a concept of a will fashioned out of a fusion of the validity rules of wills, duties of executors and succession rights of beneficiaries. Determinant factors may also be employed for the purposes of devising formulae for use in legal practice, and for identifying the correct legal procedures for use in applications to the courts.

  • Applied Naturalism
    Natural Rights
    Applied Positivism
    A Concept of Interpretative Methodology
    Application of Principles of Public Policy
    Interpretative Sources of Law
    The Formulation of Legal Principles
    The Formulation and Application of Principles of Interpretative Construction
    The Formulation and Application of Principles of Constructive Interpretation
    Application of Appropriate Equitable Principles
    The Formulation and Application of Determinant Legal Tests and Criteria by the Courts
    The Practical Adoption of the Jurisprudential Process of Conceptualisation
    Legal Factors and Formulae Determinant of Correct Motion Procedures
    The Usefulness of Templates and Principles in Maintaining Integrity of Law in Legal Practice

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