The Elements of Jurisprudence |
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Page 20
... cause of obedience depends on the will of him who commands ; not counsels , which are precepts in which the reason of obedience is taken from the thing itself which is advised1 . 1 Hobbes , Works , ii . p . 183. On ' Imperium ' and ...
... cause of obedience depends on the will of him who commands ; not counsels , which are precepts in which the reason of obedience is taken from the thing itself which is advised1 . 1 Hobbes , Works , ii . p . 183. On ' Imperium ' and ...
Page 24
... causes than the mere sensations of the moment , and , more specifi- cally , by respect for rules of life and conduct . They have many fundamental ideas in common , such as freedom , act , obligation , sanction , command ; ideas which ...
... causes than the mere sensations of the moment , and , more specifi- cally , by respect for rules of life and conduct . They have many fundamental ideas in common , such as freedom , act , obligation , sanction , command ; ideas which ...
Page 25
... causing the will to follow out another aim in act . The science of this office of external regulation is what Nomology . we have called ' Nomology . ' It may be defined as ' the science of the totality of the laws for which an external ...
... causing the will to follow out another aim in act . The science of this office of external regulation is what Nomology . we have called ' Nomology . ' It may be defined as ' the science of the totality of the laws for which an external ...
Page 49
... causes to which Several they owe their existence as rules , are , however , several 1 . existence These may be distinguished as usage ; religion ; adjudica- as rules . tion ; scientific discussion ; equity ; legislation . Some con ...
... causes to which Several they owe their existence as rules , are , however , several 1 . existence These may be distinguished as usage ; religion ; adjudica- as rules . tion ; scientific discussion ; equity ; legislation . Some con ...
Page 54
... cause of Law , but the evidence of its existence . It does not make its first appearance in the form of logical rules 5. Or , going still further afield , we are told by Hegel to see in the rise of Law the evolution of the Deity . 1 ...
... cause of Law , but the evidence of its existence . It does not make its first appearance in the form of logical rules 5. Or , going still further afield , we are told by Hegel to see in the rise of Law the evolution of the Deity . 1 ...
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Common terms and phrases
according Act of Parliament action agreement applied arise artificial person authority Bentham called causa CHAP Code Civil Common Law contract Court coverture creditor criminal Crown 8vo custom defined described distinction droit duties effect enforced English law equity existence expressed fact French Code individual infringement injury Inst International law iuris Jurisprudence Juristic Act juristic person land legislation liability Lord M.A. Extra fcap marriage Max Müller means merely mode modern moral nations nature negligence object obligation owner ownership Pand parties person of incidence person of inherence plaintiff possession Praetor principles private law question quod Recht recognised relations remedial right result rights in personam rights in rem Roman law rules Savigny says sense servitudes sovereign statute Supra system of law term theory thing tion topics Ulpian Vict VIII W. W. Skeat Windscheid καὶ
Popular passages
Page 75 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 256 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 56 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 175 - That, at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Page 187 - But a license to hunt in a man's park and carry away the deer killed to his own use; to cut down a tree in a man's ground, and...
Page 67 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Page 34 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 109 - Publicum ius est quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem: sunt enim quaedam publice utilia, quaedam privatim.
Page 226 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 19 - Wherefore, that here we may briefly end, of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world; all things in heaven• and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...