Author: Dr Albert Keating | ISBN: 978-1-911611-01-1 | Format and Price: Paperback €35 | | Publication Date: 2018
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
Who Should Buy This Book?
Applied Jurisprudence and Principles of Legal Practice is essential reading for legal practitioners and academics alike.
About the Author
Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister-at-law and former senior lecturer in law at Waterford Institute of Technology. His published works on jurisprudence include Jurisprudence Third Edition (2016), and numerous articles on the subject in the Irish Law Times. His published works on probate and succession law include Succession Law in Ireland (2015) Keating on Probate (2015) (5th ed) and Succession Law in Ireland, Principles, Case and Commentary (2016). His books also include Probate Law and Practice, Probate Law and Practice Case Book, Probate Causes and Related Matters, Keating on Probate (2nd ed) The Law of Wills, Equitable Succession Rights, The Construction of Wills, The Law and Practice of Personal Representatives, Keating on Probate (3rd ed), Irish Wills Precedents, Irish Probate Precedents and Keating on Probate – The Complete Words, CD-Rom, (2004). He has also published numerous articles on probate and succession law in such journals as the Conveyancing and Property Law Journal, Irish Law Times, Irish Probate Law Journal and Judicial Studies Institute Journal, and chapters on Probate and Succession Law in the Annual Review of Irish Law since 2004.