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The Scope of Jurisprudence In Africa
The Essence of Law
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analytical apply Austin authority binding precedent British civil colonial command common law conflict Constitution countries Court of Appeal criminal custom customary law customary rule doctrine of binding economic effect Emphasis added enacted England English courts English law English Report English-speaking Africa equity essence of law ethics existence fact function Ghana Grundnorm High Court Ibid individual interests interpretation judge judicial Jurisprudence jurists Kelsen land legal development legal order legal philosophy legal pluralism legal positivism legal system legislation London man's marriage meaning Mischief Rule modern moral native natural law Nigeria norms Northern Rhodesia obedience Ordinance Parliament Penal Code person political superior positive law postulates previous decisions principles Privy Council problem psychological mechanism ratio decidendi received law rule of customary Salmond Savigny social purpose society source of law sovereign stare decisis statute Supreme Court theory of law tion traditional Uganda validity WACA words