Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

The Philosophy and Economy of Substantive Jurisprudence


ISBN13: 9781911611158
Published: September 2018
Publisher: Clarus Press
Country of Publication: UK
Format: Paperback
Price: £18.00



Usually despatched in 1 to 3 weeks.

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.

Subjects:
Jurisprudence
Contents:
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