Lectures on Jurisprudence, Or, The Philosophy of Positive Law |
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Common terms and phrases
absolute action advert analogy applied arise Blackstone body command commonly consequence considered contract Court definition delicts denote determined distinction distinguished division dominium Edict English law enjoyment Equity evil ex Delicto example expression fact forbear given heirs independent political society Inns of Court Institutes intention judiciary law jura juris jurisprudence jus civile jus gentium jus in rem jus naturale Justinian Law of Persons Law of Things LECT Lecture legislation matter meaning ment merely modes nations nature obedience objects obligations opinion original covenant Pandects Parliament party peculiar positive law positive morality possession Prætor principles properly so called purpose quasi-contracts question reason regard rights and duties rights in personam rights in rem Roman Law Roman lawyers sanction sense servitude signifies sovereign government specific status or condition statute law styled subordinate supreme systems of law term tion utility writers
Popular passages
Page 278 - sibi jus constituit, id ipsius proprium est, vocaturque jus civile; quasi jus proprium ipsius civitatis. Quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur, vocaturque jus gentium ; quasi quo jure omnes gentes utuntur.
Page 54 - Every positive law, or every law, simply and strictly so called, is set by a sovereign person or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme.
Page 72 - étendue, sont les rapports nécessaires qui dérivent de la nature des choses : et dans ce sens tous les êtres ont leurs lois : la Divinité a ses lois ; le monde matériel a ses lois ; les intelligences supérieures à l'homme ont leurs lois ; les bêtes ont leurs lois; l'homme a ses lois.' Now objects widely different, though bearing a common name, are here blended and confounded.
Page 4 - The evil which will probably be incurred in case a command be disobeyed or (to use an equivalent expression) in case a duty be b'roken, is frequently called a sanction. The command or the duty is said to be sanctioned by the chance of incurring the evil. Some sanctions are called punishments.
Page 74 - obedience from the bulk of a given society, that determinate superior is sovereign in that society, and the society (including the superior) is a society political and independent) The
Page 234 - A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it
Page 77 - law obtaining between nations is not positive law : for every positive law is set by a given sovereign to a person or persons in a state of subjection to its author. As I have
Page 264 - had some remains of her freedom. And, indeed, it is one of the characteristic marks of English liberty, that our common law depends upon custom; which carries this internal evidence of freedom along with it, that it was probably introduced by the voluntary consent of the people.
Page 455 - less than is commonly believed); but he had swallowed the matter of his reading, without choice and without rumination. He owed the popularity of his book to a paltry but effectual artifice, and to a poor, superficial merit. He truckled to the sinister interests and to the mischievous prejudices of power; and
Page 230 - ratio, flavoured with a spice of that circular argumentation wherein he delights. 'A mistake (says he) in point of Law, which every person of discretion, not only may, but is bound and presumed to know, is in criminal cases no sort of defence.