Applied Law: The Practical Side Of Legal Theory

Law and applied law are two distinct concepts within the legal field. Law refers to the system of rules and regulations established and enforced by a country's government or social institutions to govern the behaviour and conduct of its citizens. It is an established phenomenon that applies equally to all citizens, regardless of their caste, race, gender, or designation, upholding the principle that no person is above the law. On the other hand, applied law involves the practical implementation and utilisation of legal principles in specific contexts. It pertains to the application of legal knowledge and skills to address real-life scenarios and situations. Applied law qualifications, such as the BTEC Level 3 National Extended Certificate in Applied Law, aim to provide learners with a strong foundation in legal concepts and their practical application, preparing them for careers in the legal sector or further education in law and business.

The difference between inferential and pragmatic application of the law

Inferential application of the law refers to the process of applying legal concepts to a particular legal system. This involves more than just understanding the concepts; it requires a "doctrinal commitment" to the belief that the inferences made from these concepts hold true within that system. This type of application is often associated with the classical view of law, which emphasizes the meticulous analysis of precedent and argument from analogy. The classical view is based on the assumption that the essential materials for a legal decision are found in published opinions and previous cases, and that legal reasoning is a matter of making logical deductions from these precedents.

On the other hand, pragmatic application of the law is more concerned with the specific context at hand and is rooted in instrumentalism and perspectivism. It emphasizes the need to include a diverse set of data and claims that law is a practice without secure foundations. This approach challenges the classical view by highlighting the eclectic nature and diverse aims of the law. Pragmatists argue that legal controversies are inherently attached to specific contexts, and that legal concepts themselves are products of these contexts, rather than being universally applicable. They also emphasize the lack of foundations in legal decision-making, rejecting the idea that there is a core principle from which all legal decisions can be deduced. Instead, they advocate for a more open-ended and flexible approach, where knowledge and reason are seen as continually evolving and subject to testing and revision.

In practical terms, the pragmatic application of the law may involve considering the broader implications of a legal decision, such as its impact on third parties or daily life, rather than solely relying on precedent. It may also involve incorporating sociological or economic data into the decision-making process to better understand the specific context and potential ramifications.

While the inferential approach focuses on the application of legal concepts within a given system, the pragmatic approach emphasizes the dynamic and contextual nature of law, challenging the idea of universal and foundational legal principles.

However, it is important to note that these are not mutually exclusive categories, and the distinction between them can be complex and nuanced.

The role of the judiciary in law-applying decisions

The judiciary plays a crucial role in law-applying decisions, which involves applying the law to specific cases and contexts. This process is complex and involves multiple steps, including inferential and pragmatic law application.

Inferential law application refers to the mental act of reasoning and drawing conclusions about a particular case based on existing laws and provisions. It involves interpreting and applying relevant legal principles, statutes, rules, or precedents to the specific facts and circumstances of a case. Judges analyse and apply the law to determine how it relates to the case at hand and the potential consequences for the parties involved.

Pragmatic law application, on the other hand, focuses on the external actions and decisions made by the judiciary. It involves issuing rulings, judgments, or orders that are legally justified by the applicable law. Judges must consider the relevant laws and how they apply to the case, and then decide on an appropriate course of action, such as allowing or denying an appeal, enforcing a contract, or convicting a defendant.

The judiciary's role in law-applying decisions is essential for maintaining the rule of law and ensuring that laws are applied fairly and consistently. Judges are responsible for interpreting and applying the law impartially, considering the relevant facts and legal principles to reach a decision. This process involves legal research, analysis, and justification of their rulings.

Additionally, the judiciary may also have the power to review and overturn previous decisions or establish precedents that can guide future cases. Their decisions can shape the interpretation and application of the law, setting standards and guidelines for similar cases in the future.

Overall, the judiciary plays a critical role in law-applying decisions by interpreting and applying the law to specific cases, issuing legally justified rulings, and contributing to the development of legal principles and precedents.

The relationship between pragmatic and inferential law application

The pragmatic application of the law is about taking action and making decisions that are considered legally justified. It focuses on the practical implications of legal provisions and how they can be applied to address specific situations. For example, when an individual wants to get remarried shortly after a divorce, they might refer to relevant laws and come to the conclusion that remarriage is legally permissible. This is a pragmatic application of the law, as it involves interpreting and applying the law to a personal situation.

On the other hand, the inferential application of the law is more abstract and theoretical. It involves making inferences and drawing conclusions based on legal principles to determine their applicability to a particular case. For instance, when a court applies the law to a specific set of facts in a case, it is engaging in inferential reasoning to determine how the law should be interpreted and applied. This process may involve complex logical and analytical skills to deduce the relevant legal principles and reach a conclusion.

While these two approaches may seem separate, they often work together in the legal process. For example, a lawyer might engage in pragmatic reasoning by researching and applying the law to a client's situation, while also employing inferential reasoning to analyse case law and draw conclusions about how similar cases have been decided in the past. This combination of pragmatic and inferential reasoning helps lawyers build strong legal arguments and navigate complex legal landscapes.

Additionally, the relationship between pragmatic and inferential law application is influenced by various factors, such as the specific legal system in place, the nature of the legal issue at hand, and the intentions and interpretations of those involved. Different legal traditions, such as common law and civil law systems, may emphasise pragmatic or inferential approaches differently. Furthermore, the specific legal issue being addressed, such as contract law or criminal law, may also shape the balance between pragmatic and inferential reasoning.

Moreover, the intentions and interpretations of those involved, including judges, lawyers, and legislators, also play a role in shaping the relationship between pragmatic and inferential law application. The way legal provisions are interpreted and applied can vary based on the perspectives and objectives of those involved. For instance, a judge's interpretation of a statute may differ from a lawyer's interpretation, leading to different pragmatic and inferential approaches being employed.

In conclusion, the relationship between pragmatic and inferential law application is complex and dynamic. While pragmatic application focuses on practical action and decision-making, inferential application involves drawing conclusions and making inferences based on legal principles. These two approaches often work together, influenced by the legal system, the nature of the legal issue, and the interpretations of those involved. Ultimately, a comprehensive understanding of the law requires the ability to navigate and integrate both pragmatic and inferential reasoning effectively.

The nature of law as a set of rules

Law is a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. The precise definition of law is a matter of longstanding debate, with various descriptions including a science and the art of justice.

The creation of laws may be influenced by a constitution and the rights encoded within it. Laws shape politics, economics, history and society and mediate relations between people.

The word 'law' comes from the Old Norse word 'lǫg', with the singular form 'lag' meaning 'something laid or fixed' and the plural meaning 'law'.

Law is a system of rules and guidelines that are enforced through social institutions to govern behaviour. It is a set of official rules and regulations set up and enforced by the government, aimed at governing the conduct of citizens, protecting their rights and ensuring equality.

Law is generic in nature, covering all rules and regulations made by the government. It is an established phenomenon, created and enforced by a stipulated authority. Law is enforced to protect people from unfair practices and to maintain public order.

Law is a pivotal aspect of every country's legislation, safeguarding people from unfair practices and applying equally to all citizens. It is descriptive, explaining why and how laws are enforced and what should and should not be done in any context.

Law is a particularistic affair, with laws and acts being extremely important for the organisation and functioning of a country's administration. They help to resolve matters in a just and fair manner and ensure a peaceful society.

The distinction between public and private law

Public law is about the government's role in society and maintaining order, protecting public interests, and deterring individuals or entities from engaging in actions that harm society. It includes administrative, criminal, and constitutional laws. Private law, also known as "common law," addresses several significant legal subjects, including contracts, property, equity, family law, and trusts. It defines the duties and rights that apply to private enterprises and individuals when they interact with one another.

Public law deals with matters of general public interest, such as when a bank is robbed, which not only affects the bank and its staff but also the surrounding neighbourhood. The goal of public law is to penalise lawbreakers to discourage others from following suit. Private law, on the other hand, addresses individual-specific problems, including property disputes or contract discussions.

Public law is enforced by the state and the government, and prosecution is filed by a prosecutor. In contrast, private law is enforced by individuals as well as the government, and the claim is given by the plaintiff. Sanctions under public law are more severe and strict, and may attract criminal prosecution for acts against public policy, while sanctions under private law are less severe and usually involve payment of damages or an expression of apology.

In summary, the key difference between public and private law is that public law focuses on societal concerns and the government's role, while private law deals with interactions between individuals and entities, addressing individual disputes and interactions within the legal system.

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