The Gazette 1993

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. 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 The issue of Marxism and post- | Marxism is the subject-matter of

study may not only be useful and informative, but also enjoyable.

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 • TO LET City Centre Office(s) Dublin 2 area No problems with parking Short/Long Term Lease ON SITE SERVICES (IF REQUIRED) 24 Hour Access - Secure

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-

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