The Elements of Jurisprudence |
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Page vii
... writer is apt to recur with painful iteration to certain topics ; and he leaves large tracts of his subject wholly ... writers have hitherto been singularly un- systematic . It is long since the author formed the hope of attempting to ...
... writer is apt to recur with painful iteration to certain topics ; and he leaves large tracts of his subject wholly ... writers have hitherto been singularly un- systematic . It is long since the author formed the hope of attempting to ...
Page 4
... writers , who sometimes use ' iurisprudentia ' to denote a current view of the law , there has sprung up in French the use of such phrases as ' jurisprudence constante , ' ' jurisprudence des arrêts de la Cour de Cassation ' ; in the ...
... writers , who sometimes use ' iurisprudentia ' to denote a current view of the law , there has sprung up in French the use of such phrases as ' jurisprudence constante , ' ' jurisprudence des arrêts de la Cour de Cassation ' ; in the ...
Page 23
... human action is governed . 2 The expression in Greek writers coming nearest to what we mean by Jurisprudence is probably ' Politike . ' CHAP . III . They postulate the determination of that CHAPTER III LAWS AS RULES OF HUMAN ACTION.
... human action is governed . 2 The expression in Greek writers coming nearest to what we mean by Jurisprudence is probably ' Politike . ' CHAP . III . They postulate the determination of that CHAPTER III LAWS AS RULES OF HUMAN ACTION.
Page 31
... writers of the terms in which the law of Nature has been spoken of . S. Thomas Aquinas says : Participatio legis aeternae in rationali creatura lex naturalis dicitur 3 . : Grotius Ius naturale est dictatum rectae rationis , indi- cans ...
... writers of the terms in which the law of Nature has been spoken of . S. Thomas Aquinas says : Participatio legis aeternae in rationali creatura lex naturalis dicitur 3 . : Grotius Ius naturale est dictatum rectae rationis , indi- cans ...
Page 32
... writers are not wanting to assure us that the genesis of law preceded even the development of the family ! Zocco - Rosa , Principii d'una Preistoria del Diritto , 1885 , p . 36 . " brought into commercial contact , was conceived of , 32 ...
... writers are not wanting to assure us that the genesis of law preceded even the development of the family ! Zocco - Rosa , Principii d'una Preistoria del Diritto , 1885 , p . 36 . " brought into commercial contact , was conceived of , 32 ...
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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...