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Amer American analysis assumptions become behaviour capitalistic interests class conflict class struggle co-operation common law conception conflict conscious Constitution corporations courts Croly decision Democracy determined disposition dominant class Duguit economic economists employers England essential fact Federal Trade Commission force freedom function German Goodnow governmental Harvard Law Review human nature Ibid ideas individual individualistic industrial influence instance instinctive impulses intellectual intelligent interpretation Jour judges jurisprudence jurists Justice labour League of Nations legislation legislature masses ment motives nation natural rights Nietzsche nomic non-propertied obedience-compelling power Organismic Theories organization party personality political attitude Principles problem processes progressive propertied classes propertied interests psychological public opinion public welfare relations representatives resistance rivalrous rivalry scientific social psychology social sciences Sociology sovereignty subconscious superiority tendency theory thinking tion Trade Union traditional United wages workmen Yale Law Journal York
Page 169 - O daughter of Babylon, who art to be destroyed; Happy shall he be that rewardeth thee as thou hast served us. Happy shall he be that taketh and dasheth thy little ones against the stones.
Page 274 - I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Page 259 - But a Constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.
Page 261 - The legislature has also recognized the fact, which the experience of legislators in many states has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce...
Page 280 - The very considerations which judges most rarely mention, and always with an apology, are the secret root from which the law draws all the juices of life. I mean, of course, considerations of what is expedient for the community concerned.
Page 138 - The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government...
Page 237 - To UNDERSTAND political power right, and derive it from its original, we must consider what state all men are naturally in, and that is a state of perfect freedom to order their actions and dispose of their possessions and persons as they think fit, within the bounds of the law of nature, without asking leave or depending upon the will of any other man.
Page 238 - The state of Nature has a law of Nature to govern it, which obliges every one, and reason, which is that law, teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions...
Page 439 - We have no quarrel with the German people. We have no feeling towards them but one of sympathy and friendship. It was not upon their impulse that their government acted in entering this war. It was not with their previous knowledge or approval.
Page 11 - If a determinate human superior, not in a habit of obedience to a like superior, receive habitual 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.