 | Law - 1832 - 536 pages
...severs it from a law which is not a positive law) may be stated generally in the following manner : — Every positive law, or every law simply and strictly...or body is sovereign or supreme. Or (changing the phrase) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection... | |
 | Great Britain - 1832 - 496 pages
...of jurisprudence ; and to this our author gives the name of positive law. He thus defines it : — " Every positive law, or every law simply and strictly...independent political society wherein that person * The following passage, which is the first sentence in Montesquieu's celebrated treatise " De 1'Esprit... | |
 | John Austin - Jurisprudence - 1832 - 512 pages
...difference that severs it from a law which is not a positive law) may be put in the following manner. — Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the 267 t^e law,... | |
 | 576 pages
...law which is not a positive law) may be stated generally in the following manner. Every positive law is set by a sovereign person, or a sovereign body...wherein that person or body is sovereign or supreme. It will hence appear that Mr. Austin's design embraces the consideration •f the possible forms of... | |
 | Law - 1861 - 430 pages
...law, or the difference that severs it from a law which is not a positive law, may be stated thus : Every positive law, or every law simply and strictly...the expression, it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author. Even though it sprang directly... | |
 | American essays - 1889 - 876 pages
...society are subject, or on that determinate superior the other members of the society are dependent." " Every positive law, or every law simply and strictly so called, is set by a sovereign person or by a sovereign body of persons to a member or members of the independent political society wherein... | |
 | John Wrottesley Baron Wrottesley - Great Britain - 1860 - 326 pages
...; that is, permanent rules of conduct, set by a sovereign person, or sovereign determinate body, to members of the independent political society wherein that person or body is sovereign or supreme. Thirdly, Positive Moral Rules ; that is, first, laws set by men, but not as political superiors ; and,... | |
 | John Austin - Jurisprudence - 1861 - 468 pages
...law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political...or supreme. Or (changing the expression) it is set, directly or circuitously, by a monarch or sovereign number, to a person or persons in a state of subjection... | |
 | Law - 1864 - 398 pages
...province of jurisprudence from the regions which lie upon its confines, and by which it is encircled.* " Every positive law, or every law simply and strictly...wherein that person or body is sovereign or supreme." In the language of Hobbes—" The legislator is he, not by whose authority the law was first made,... | |
 | Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1865 - 666 pages
...of strict jurisprudence. The essential distinction of a positive law is this : " Every positive law is set by a sovereign person or a sovereign body of...the expression) it is set by a monarch or sovereign number to a person or persons in subjection to its author." Mr. Austin then analyzes the various conceptions... | |
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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. 
