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Vol 21 No 11 Nov/Dec 2016

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Jurisprudence 2nd ed


ISBN13: 9781905536849
Previous Edition ISBN: 9780414034792
Published: July 2016
Publisher: Clarus Press
Country of Publication: Ireland
Format: Paperback
Price: £42.00



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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.

Subjects:
Irish Law, Jurisprudence
Contents:
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