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Applied Jurisprudence and Principles of Legal Practice (Paperback)
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Applied Jurisprudence and Principles of Legal Practice (Paperback)
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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 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.
[Subject: Applied Jurisprudence, Law]
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