The Philosophy and Economy of Substantive Jurisprudence

In The Philosophy and Economy of SubstantiveJurisprudence, the author analyses thefundamental nature and economy of substantivejurisprudence. He argues that the philosophy ofsubstantive jurisprudence may be structured onthe Cartesian method of reasoning consisting ofthe two primary rules, viz. the intuitive rule, whichstates that a conception of a clear mind is formedby reason alone, and deductive rule, thatinferences may be deduced from facts that areknown for certain, and employing both rules toexplain the intuitive, deductive interpretative andadductive philosophy of substantivejurisprudence. The Cartesian method may also beemployed to distinguish between right and wrongthinking by persons when measured against objective and reasonable standards of behaviour.When the courts engage in the interpretativeconstruction of Acts of the Oireachtas they mayalso formulate or reformulate principles and testswhen so doing, and the author argues that suchprinciples and tests may be viewed as acquiringthe status of interpretative sources of law. Thework also shows and explains the economy ofsubstantive jurisprudence as comprised of theconcepts of naturalism, positivism, legal validity,rules, principles and propositions.