Jurisprudence (Third Edition)

Description

Author: Dr Albert Keating | ISBN: 978-1-905536-84-9  | Format and Price: Paperback €49 | Series: Core Text Series  |  Publication Date:  June 2016

About

Jurisprudence, third edition, is a welcome and expanded new edition of this popular text book, fully updated the new edition includes several new chapters on ‘Constitutional Jurisprudence’. This new edition will form part of the successful and student focused Clarus Press ‘Core Text Series’.

The book is divided into six parts. Part One, The Nature of Jurisprudence, and Part Two, Legal Theory, deal with issues of substantive jurisprudence such as the legal concepts and theories advanced by naturalists and positivists. Part Three, Socio-Legal Theory, considers the various socio-legal theories which view law as a central social phenomenon and the principle of utility, as adjunctive to the substantive issues of legal theory.  Part Four, Historico-Legal Theory, introduces historic-legal theory and the theories advanced by the leading exponents in the field also as adjunctive to the substantive issues of legal theory.   Part Five, Constitutional Jurisprudence, advances constitutional concepts based on naturalistic and positivistic legal theories and the argument that any concept of a constitution must first identify the source of its validity, and once this is established, the next step is to identify the legal philosophy at play in the written instrument representing the constitution.

Part Six, Applied Jurisprudence, demonstrates how certain of the legal theories may be applied when considering, inter alia, principles of law and practical concepts such as the concept of a will,  and also attempts to dispel the notion that jurisprudence exists in a state of isolation from other areas of law.

The study of jurisprudence lends reasoning power, not only to such broad questions such the validity of law and the relationship between law and morals but also to such particular questions, like the distinction between principles and rules of law and the legal weight given to each, and it is precisely because of this generality of scope and application that jurisprudence may be placed primus inter pares among the core law subjects.

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 First Edition (2011), Jurisprudence Second Edition (2014), 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.

Content includes

PART ONE: THE NATURE OF JURISPRUDENCE 

• Substantive and Adjunctive Jurisprudence
• Positivist and Naturalist Legal Validity
• Legal Rules and Principles
• Natural and Legal Rights
• The Concept of Justice
• Liberty and the Legal Enforcement of Morality

PART TWO: LEGAL THEORY

• Legal Theory
• Classical Natural Law
• Modern Natural Law
• Procedural Natural Law
• Austin’s Theory
• Hart’s Concept
• Dworkin’s Theory of Constructive Interpretation
• Raz’s Social and Sources Theses
• Kelsen’s Pure Theory
• American and Scandinavian Legal Theory

PART THREE: SOCIO – LEGAL THEORY

• Socio-Legal Theory
• German and French Socio-Legal Theory
• The Principle of Utility

PART FOUR: HISTORICO – LEGAL THEORY

• Historico-Legal Theory
• Brehon Law and English Law
• The Historically First Constitution

PART FIVE: CONSTITUTIONAL JURISPRUDENCE

• A Positivist Constitution
• A Naturalist Constitution
• The Concept of a Social Contract
• A Concept of the Constitution
• The Governance of Justice
• Justice in Dispute

PART SIX: APPLIED JURISPRUDENCE

• The Open Texture of Law and Judicial Discretion
• An Exercise in Constructive Interpretation
• The Concept of a Will
• A Principle in Equity

Who Should Buy This Book?

Jurisprudence, third edition, is essential reading for all students of law and in particular students of jurisprudence and legal reasoning.