GAZETTE
NOVEMBER 1993
i
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
j
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."
j
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
i
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
1
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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