In The Philosophy and Economy of Substantive
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.
