Description
Book SynopsisJurisprudence, Fourth Edition commences with a comprehensive and in-depth account of the three main sources of jurisprudence: classical jurisprudence, substantive jurisprudence and adjunctive jurisprudence. Classical jurisprudence is a historical source of jurisprudence and traces the evolution of natural law and positive law to modern times. 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.
Table of ContentsPART 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
