A Critical History of Modern English Jurisprudence: A Study in Logic, Politics, and MoralityBacon, 1893 - 83 páginas |
Outras edições - Ver tudo
A Critical History of Modern English Jurisprudence: A Study in Logic ... George Hugh Smith Visualização integral - 1893 |
A Critical History of Modern English Jurisprudence: A Study in Logic ... George Hugh Smith Pré-visualização indisponível - 2018 |
A Critical History of Modern English Jurisprudence: A Study in Logic ... George H. Smith Pré-visualização indisponível - 2018 |
Palavras e frases frequentes
absolute according admitted apparently applied argument Aristotle asserts assumed Austin's theory authority Bentham and Austin called civil law common conception conclusions consequences consists constitutional Courts covenant determined distinction doctrine of rights England equally equity ereign error established existence expression fact fact laws fictitious follows fundamental Hence Herbert Spencer Hobbes and Austin ical ignoratio elenchi individual judges jural jus naturale language law of nature law of private lawyers legislative liberty limited logical Markby means ment method modern English jurists monarch moral convictions natural right notion observed obviously Pandects philosophy premises principle of utility private right proper sense proposition reason reductio ad absurdum reference regarded right and wrong Right or Justice rightful power Roman law rules says science of rights Sir Henry Maine social sovereign power sovereignty stare decisis statutes supreme government term right theory of Austin THEORY OF JURISPRUDENCE tical tion vested words
Passagens conhecidas
Página v - From this fundamental law of nature, by which men are commanded to endeavour peace, is derived this second law; that a man be willing, when others are so too, as far forth, as for peace, and defence of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himself.
Página vi - This done, the multitude so united in one person, is called a "commonwealth," in Latin civitas. This is the generation of that great "leviathan," or rather, to speak more reverently, of that "mortal god," to which we owe under the "immortal God,
Página v - Therefore, before the names of just and unjust can have place, there must be some coercive power to compel men equally to the performance of their covenants, by the terror of some punishment greater than the benefit they expect by the breach of their covenant...
Página 3 - The liberty of a subject, lieth therefore only in those things, which in regulating their actions, the sovereign hath praetermitted : such as is the liberty to buy, and sell, and otherwise contract with one another; to choose their own abode, their own diet, their own trade of life, and institute their children as they themselves think fit ; and the like.
Página 5 - ... the law of nature. Civil and natural law are not different kinds, but different parts of law; whereof one part being written, is .called civil, the other unwritten, natural.
Página vi - ... confer all their power and strength upon one man, or upon one assembly of men, that may reduce all their wills, by plurality of voices, unto one will...
Página 15 - When long use obtaineth the authority of a law, it is not the length of time that maketh the authority, but the will of the sovereign signified by his silence, for silence is sometimes an argument of consent; and it is no longer law than the sovereign shall be silent therein.
Página 7 - ... nor subjects, is anarchy and the condition of war: that the precepts, by which men are guided to avoid that condition, are the laws of nature: that a Commonwealth without sovereign power is but a word without substance and cannot stand: that subjects owe to sovereigns simple obedience in all things wherein their obedience is not repugnant to the laws of God, I have sufficiently proved in that which I have already written.
Página 9 - The right of nature, which writers commonly call jus naturale, is the liberty each man hath to use his own power, as he will himself, for the preservation of his own nature; that is to say, of his own life; and consequently, of doing anything which, in his own judgment and reason, he shall conceive to be the aptest means thereunto.
Página 3 - The RIGHT OF NATURE, which writers commonly call jus naturale, is the liberty each man hath, to use his own power, as he will himself, for the preservation of his own nature; that is to say, of his own life; and consequently, of doing any thing, which in his own judgment, and reason, he shall conceive to be the aptest means thereunto.