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Jurisprudence 4th ed


ISBN13: 9781911611769
Previous Edition ISBN: 9781905536849
Published: September 2022
Publisher: Clarus Press
Country of Publication: Ireland
Format: Paperback
Price: £40.00



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Jurisprudence, Fourth Edition commences with a comprehensive and in-depth account of the three main sources of jurisprudence: classical jurisprudence, substantive jurisprudence and adjunctive jurisprudence.

This book undertakes an in-depth analysis of the three main sources of jurisprudence: classical jurisprudence, substantive jurisprudence and adjunctive jurisprudence. Substantive jurisprudence as the primary source of jurisprudence is comprised of the modern theories of naturalism and positivism, the juristic theories of Ronald Dworkin and American legal theory. Adjunctive jurisprudence as a secondary source of jurisprudence is comprised of socio-legal theory and historico-legal theory save only insofar as those theories recognise law as a social or historical phenomenon.

This book also introduces and develops a new analytical concept of jurisprudence called the concept of juristic practice. This new concept may be applied when undertaking jurisprudential analyses of legal systems.

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: CLASSICAL JURISPRUDENCE
Classical Naturalism
Classical Positivism
PART TWO: SUBSTANTIVE JURISPRUDENCE
Modern Natural Law
The Internal Morality of Law
A Theory of Rules
A System of Norms
Dworkin’s Juristic Theories
American Legal Theory
PART THREE: ADJUNCTIVE JURISPRUDENCE
Sociological Interpretation of Legal Theory
German and French Socio-Legal Theory
Historico-Legal Interpretations of Legal Systems
Historical Constitutions and Social Contracts
The Evolution of Common Law and Equity in Ireland
PART FOUR: THE CONCEPT OF JURISTIC PRACTICE
The Concept of Juristic Practice
Substantive Legal Principles and Adjunctive Rules
Substantive Equitable and Contractual Principles and Adjunctive Rules
Substantive and Evidential Principles of Construction
Exercises in Interpretative Methodology
The Effect of Legal Rules
The Composition and Classification of Criminal Rules
Criminal Law and Morality
A Programme for the Re-Vitalisation of Equity