The Gazette 1993

GAZETTE

NOVEMBER 1993

In the context of jurisprudence, there is

logic, although logic means more than

the use normally ascribed to the term in

everyday life. In terms of sociology,

there is the administration of law and

the fact that laws can only function in a

I social environment and are influenced

by the prevailing climate of opinion.

Associated with sociology are aspects

of history, anthropology and

economics. In the context of ethics,

there is the study of what is implied by

prescription of what ought to be or not

to be.

Lawyers should be interested in the

science of the law since as Lord

Macmillan said in

Law and Other

Things:

"The lawyer's business is with

words. They are the raw material of

his craft."

Textbook on Jurisprudence

attempts to

provide a clear account and analysis of

the major theories and controversies

which are of importance to the student

of jurisprudence. The principal theories

| and controversies are explained and

| analysed. The authors endeavour to

I approach questions on jurisprudence

without any particular bias and the

theories are analysed in their context.

In a short notice it is sometimes useful

! to give details of some of the chapter

I headings. Chapter 1 is entitled "What is

Jurisprudence?" This is followed by

"Classical Positivism" with a

| consideration of the theories of

| Bentham and Austin. There is also a

| chapter on Hart's theories. This is

| followed by a discussion on classical

I naturalism and the naturalist revival.

The issue of Marxism and post-

| Marxism is the subject-matter of

chapter 6. Dworkin and the rights thesis

is considered in chapter 8. Critical legal

studies forms a separate chapter in

itself. There is also a discussion on

"American Realism" and other chapters

are devoted to "Scandinavian Realism"

and the justice theory. For many, these

headings suggest subject-matter of

unspeakable complexity. However, in

reality, the book is user-friendly and

provides a guide to the content,

implications and problems of the major

theories. The authors hope that the

study may not only be useful and

informative, but also enjoyable.

It was Coke who said that every

gentleman ought to know a little of law.

But a wise person said that perhaps the

less every gentleman knows about law

the better - at least from the lawyer's

perspective. Servius Sulpicius, a

patrician, is said to have called on

Mutius Scaevola for a legal opinion.

When Mutius Scaevola thoroughly

flabbergasted Servius Sulpicius with a

flood of technicalities which the latter

could not understand, the story is told

that Mutius Scaevola so bullied his

client for his ignorance that Suplicius in

a fit of pique went home and studied

the law with such effect that he wrote

104 score volumes of law books before

he died. The task was supposed to have

been the death of him. This anecdote

should not put anybody off writing on

and studying jurisprudence!

Finally,

Textbook on Jurisprudence

should add a useful perspective to those

studying the subject and, for others

interested in the law, it may prove

generally informative and, perhaps, in

an intellectual sense, enjoyable.

Dr. Eamonn G. Hall

The Law of Company

Insolvency

By Dr. Michael Forde, Round Hall

Press, Dublin, 1993, 518pp, Hardback,

£55.00.

On the very day I received a copy of

Dr. Forde's book for review, I

encountered three problems involving

the law of company insolvency all of

which needed some research. These

problems provided an ideal test. They

ranged in degree of complexity - one

was reasonably straightforward, the

second unusual, and the final one was

extremely complex.

The book took the first problem in its

stride. Similarly, the second: cases and

comment, well laid out, clear and very

helpful.

The final problem was so complex that

I did not expect it to be mentioned. It

wasn't - but there were extremely

useful pointers to other more special-

ised publications which, in turn, led me

to a solution. Full marks to the author.

Dr. Forde refers generously to other

works, including many texts from other

jurisdictions - these are also very help-

ful. He also makes frequent suggestions

for reform and airs ideas rather than

simply recite the rules and regulations -

this makes interesting reading.

Not only are the obvious topics of

receiverships and liquidations given

extensive coverage, but also examina-

tions, priorities of creditors, employees'

rights and the administration of

insurance companies. There is a lengthy

and comprehensive Appendix which

includes extracts from the Companies

Acts, 1963, 1990, the amending Act of

1990, and the Winding Up and

Examination Rules. The book may

eliminate much heated debate from

creditors' meetings.

A small point: the index at the end of

the publication could be more extensive

- maybe this can be addressed in a

future edition.

This book will be a source of help and

guidance to all lawyers irrespective of

the level of their day-to-day involvement

with insolvency law. We must thank Dr.

Forde again for yet another textbook on

Irish Law - to describe his productivity

as frenetic is a grave injustice.

Finally, a light note - one of those

tricky grammatical teasers slipped

through the net (at page 48): " . . .

where, as usually is the case, the

receiver is designated the company's

agent, in

principal

his duties are owed

primarily to the Company". (Nice one!)

Barry O'Neill

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