The Philosophy and Economy of Substantive Jurisprudence

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The Philosophy and Economy of Substantive Jurisprudence

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An analyses of  the philosophical nature of substantive jurisprudence

Description

Author: Dr Albert Keating | ISBN: 978-1-911611-15-8  | Format and Price: Paperback €20 |  Publication Date:  2018

About

In The Philosophy and Economy of Substantive Jurisprudence, the author analyses the fundamental nature and economy of substantive jurisprudence. He argues that the philosophy of substantive jurisprudence may be structured on the Cartesian method of reasoning consisting of the two primary rules, viz. the intuitive rule, which states that a conception of a clear mind is formed by reason alone, and deductive rule, that inferences may be deduced from facts that are known for certain, and employing both rules to explain the intuitive, deductive interpretative and adductive philosophy of substantive jurisprudence. The Cartesian method may also be employed to distinguish between right and wrong thinking by persons when measured against objective and reasonable standards of behaviour. When the courts engage in the interpretative construction of Acts of the Oireachtas they may also formulate or reformulate principles and tests when so doing, and the author argues that such principles and tests may be viewed as acquiring the status of interpretative sources of law. The work also shows and explains the economy of substantive jurisprudence as comprised of the concepts of naturalism, positivism, legal validity, rules, principles and propositions.

Content includes

Part 1 – Intuitive Philosophy

Introduction

Intuitive Philosophy

The History of Intuitive Philosophy

Intuitive Philosophy and Practical Reasonableness

Sine Rationem Non Est Lex

Part II – Deductive Philosophy

Introduction

Deductive Philosophy

Perfection of Rules

Hart’s Rules

Criticism of Hart’s Concept

Part III – Legal Ideals and Interpretative Principles

Introduction

Legal Ideals and Interpretative Principles

Interpretative Sources of Law

Part IV – Legal Propositions and Equitable Principles

Introduction

Legal Propositions

Equitable Principles

The Modifying Effect of Equitable Doctrines

The Portion Principle

Part V – Right-Thinking and Wrong-Thinking

Introduction

Requirements of Practical Reasonableness

Statutory Checks on Wrong-Thinking Testators

Equitable Checks on Wrong-Thinking Owners of Land

Part VI – Standards of Rule-Making and Formulation of Principles

Introduction

Standards of Rule-Making

Ambiguous Language

The Formulation of Interpretative Principles and Tests

 

Part VII – The Economy of Substantive Jurisprudence

Introduction

Concepts of Legal Validity

Concepts of Principles and Rules

Concepts of Rights

Concepts of Justice

Part VIII – Epilogue

Who Should Buy This Book?

The Philosophy and Economy of Substantive Jurisprudence  is essential reading for anyone interested in jurisprudence.

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 Applied Jurisprudence and Principles of Legal Practice,  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 RightsThe Construction of WillsThe Law and Practice of Personal RepresentativesKeating on Probate (3rd ed), Irish Wills PrecedentsIrish 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 JournalIrish Law TimesIrish Probate Law Journal and Judicial Studies Institute Journal, and chapters on Probate and Succession Law in the Annual Review of Irish Law since 2004.

 

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