Lectures on Jurisprudence, Or, The Philosophy of Positive Law

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Henry Holt, 1875 - Jurisprudence - 504 pages
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Page 286 - 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 62 - 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 80 - 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 12 - 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 82 - 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 242 - 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 85 - 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 272 - 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 465 - 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 238 - 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.

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