The Philosophy and Economy of Substantive Jurisprudence
Clarus Press Ltd (Verlag)
978-1-911611-15-8 (ISBN)
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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.
Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister and former Senior Lecturer in Law at Waterford Institute of Technology. He has published several books throughout his career including Jurisprudence now in its 3rd edition, and several works on probate, wills and succession law, including Succession Law in Ireland (2015) and Succession Law in Ireland: Principles, Cases and Commentary (2016) both published by Clarus Press.
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 WrongThinking
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
| Erscheinungsdatum | 21.09.2018 |
|---|---|
| Verlagsort | Dublin 8 |
| Sprache | englisch |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| ISBN-10 | 1-911611-15-1 / 1911611151 |
| ISBN-13 | 978-1-911611-15-8 / 9781911611158 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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