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Complete Notes for LLB290
LLB2290 - Jurisprudence
1 Found helpful • 28 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB290 - Legal Theory
These notes are extensive and cover all theorist and theories covered in LLB290. An example of these notes are: LEGAL THEORY IN LEGAL PRACTICE: LEGAL THEORY AS A HIDDEN LANGUAGE OF LAW • Legal theory underpins the practice of law, consciously or subconsciously. • It is, therefore, part of the ‘DNA’ of law. ANALYSIS OF LEGAL THEORY IN COMMON LAW: • The common law is built on philosophical foundations • As a result, precedents can be challenged, or critiqued, based upon the philosophical basis. o “Reasoning is integral...Insights into the social conditions in which law emerged...allows us to be alert to changes that may leave the best precedent open to argument”4
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