Author: Dr Albert Keating

ISBN: 9781911611769

Format: Paperback €45

Publication Date:  September 2022

Jurisprudence, Fourth Edition, is an expanded, revised, restructured and updated edition of this now established popular textbook.

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.

Content includes

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

Who Should Buy This Book?

Jurisprudence, Fourth edition, is essential reading for all students of law and in particular students of jurisprudence and legal reasoning.

About the Author

Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister-at-law and former senior lecturer in law at Waterford Institute of Technology. His published works on jurisprudence include Jurisprudence First Edition (2011), Jurisprudence Second Edition (2014), and numerous articles on the subject in the Irish Law Times.  His published works on probate and succession law include Succession Law in Ireland (2015) Keating on Probate (2015) (5th ed) and Succession Law in Ireland, Principles, Case and Commentary (2016). His books also include Probate Law and Practice, Probate Law and Practice Case Book, Probate Causes and Related Matters, Keating on Probate (2nd ed) The Law of Wills, Equitable Succession Rights, The Construction of Wills, The Law and Practice of Personal Representatives, Keating on Probate (3rd ed), Irish Wills Precedents, Irish Probate Precedents and Keating on Probate – The Complete Words, CD-Rom, (2004).