Jurisprudence: Or, The Theory of the Law

Sir John William Salmond

Stevens and Haynes, 1907 - Jurisprudence - 518 pages

Contents

• CHAPTER I: 1
• 3 Theoretical Jurisprudence: 7
• THE ADMINISTRATION OF JUSTICE: 9
• Law and Fact: 17
• Necessity of the Administration of Justice: 25
• Origin of the Administration of Justice: 26
• 27 Civil and Criminal Justice: 27
• Deterrent Punishment: 28
• General and Special: 31
• 67: 36
• Law and Equity: 38
• Imperative: 47
• Conventional Law: 54
• Preventive Punishment: 75
• Reformative Punishment: 76
• Retributive Punishment: 81
• Primary and Sanctioning Rights: 83
• 33 A Table of Legal Remedies 87 34 Penal and Remedial Proceedings: 87
• 35 Secondary Functions of Courts of: 88
• CHAPTER V: 93
• 37 Secondary Functions of the State: 98
• The Territory of the State 39 The Membership of the State: 99
• The Constitution of the State: 106
• The Government of the State: 110
• Independent and Dependent States: 111
• Unitary and Composite States: 114
• 55: 116
• CHAPTER VI: 117
• 46 A List of Legal Sources: 120
• 47 The Sources of Law as Constitutive and Abrogative: 123
• Sources of Law and Sources of Rights: 124
• Ultimate Legal Principles: 125
• CHAPTER VII: 127
• Supreme and Subordinate Legislation: 129
• Relation of Legislation to other Sources: 132
• 53 Codification: 136
• 54 The Interpretation of Enacted: 137
• CHAPTER VIII: 143
• 56 Reasons for the Reception of Customary Law: 144
• 57 The Requisites of a Valid Custom: 146
• 58 Conventional Custom: 153
• Theories of Customary Law: 154
• 60 Custom and Prescription: 157
• CHAPTER IX: 160
• Declaratory and Original Precedents: 161
• 63 Authoritative and Persuasive Precedents: 164
• The Absolute and Conditional Authority of Precedents: 165
• The Disregard of a Precedent: 166
• Precedents Constitutive not Abrogative: 169
• Grounds of the Authority of Precedents: 171
• The Sources of Judicial Principles: 175
• 69 Respective Functions of Judges and Juries: 177
• CHAPTER X: 180
• 71 Duties: 181
• 72 Rights: 182
• 73 The Elements of a Legal Right: 186
• 74 Legal Rights in a wider sense of the term: 190
• 75 Liberties: 191
• 76 Powers: 193
• 77 Duties Disabilities and Liabilities: 195
• CHAPTER XI: 198
• The Legal Nature of Rights against the State: 200
• 80 Positive and Negative Rights: 202
• 81 Real and Personal Rights: 203
• 82 Proprietary and Personal Rights: 209
• Rights In re Propria and Rights In re Aliena: 213
• Principal and Accessory Rights: 217
• Legal and Equitable Rights: 218
• CHAPTER XII: 222
• Corporeal and Incorporeal Ownership: 223
• 88 Corporeal and Incorporeal Things: 227
• Sole Ownership and Coownership: 228
• 90 Trust and Beneficial Ownership: 230
• Legal and Equitable Ownership: 233
• Vested and Contingent Ownership: 235
• 93: 238
• Possession in Fact and in Law: 239
• Corporeal and Incorporeal Possession: 241
• Corporeal Possession: 242
• 97 The Animus Possidendi: 244
• 99: 246
• 100 Relation of the Possessor to the Thing Possessed: 252
• CHAPTER XIV: 254
• 102 Concurrent Possession: 258
• 104 Possession not essentially the Physical Power of Exclusion: 261
• 105: 263
• Relation between Possession and Ownership: 266
• 107 Possessory Remedies: 269
• CHAPTER XV: 275
• The Legal Status of the Lower Animals: 276
• 110: 278
• 111: 280
• Double Personality: 281
• Legal Persons: 282
• 117: 285
• The Agents Beneficiaries and Members of a Corporation: 288
• The Acts and Liabilities of a Corporation: 290
• The Uses and Purposes of Incorporation: 293
• The Creation and Extinction of Corporations: 296
• 119 The State as a Corporation: 297
• 120: 303
• Acts in the Law: 305
• Agreements: 309
• 123: 311
• 124: 313
• 125: 323
• The Theory of Remedial Liability: 324
• 127: 325
• Acts: 327
• 129: 331
• 130 Damnum sine Injuria: 333
• 131 The Place and Time of an Act: 334
• 132: 336
• CHAPTER XVIII: 339
• 134 Intention and Motive: 342
• 135 Malice: 344
• 136: 345
• 137: 347
• Other Exceptions to the Irrelevance of Motives: 350
• 139 Jus necessitatis: 351
• 140 Negligence: 353
• 141 Objections Considered: 357
• 142 The Standard of Care: 359
• 143 Degrees of Negligence: 364
• 144 Other Theories of Negligence: 367
• CHAPTER XIX: 372
• Mistake of Law: 374
• Mistake of Fact: 375
• Accident: 377
• Vicarious Responsibility: 380
• The Measure of Criminal Liability: 383
• The Measure of Civil Liability: 388
• CHAPTER XX: 391
• Kinds of Property: 393
• The Ownership of Material Things: 394
• Movable and Immovable Property: 396
• Real and Personal Property: 400
• Rights In re Propria in Immaterial Things: 401
• Leases: 403
• Servitudes: 406
• Securities: 408
• Possession: 412
• Prescription: 414
• Agreement: 418
• Inheritance: 422
• CHAPTER XXI: 427
• Solidary Obligations: 429
• The Sources of Obligations: 433
• Obligations arising from Contracts: 434
• Obligations arising from QuasiContracts: 438
• Innominate Obligations: 441
• THE LAW OF PROCEDURE: 443
• 174 The Valuation of Evidence: 449
• 176 Criticism of the Law of Evidence: 457
• THE NAMES OF THE LAW: 463
• THE THEORY OF SOVEREIGNTY: 474
• THE MAXIMS OF THE LAW: 482
• THE DIVISIONS OF THE LAW: 489
• THE LITERATURE OF JURISPRUDENCE: 495
• 22 The Law of Nations as Natural: 22

Popular passages

Page 42 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...

Page 65 - Hereby it is manifest, that during the time men live without a common power to keep them all in awe, they are in that condition which is called war, and such a war as is of every man against every man.

Page 65 - ... fruit thereof is uncertain, and consequently no culture of the earth, no navigation nor use of the commodities that may be imported by sea, no commodious building, no instruments of moving and removing such things as require much force, no knowledge of the face of the earth; no account of time, no arts, no letters, no society, and, which is worst of all, continual fear and danger of violent death, and the life of man solitary, poor, nasty, brutish, and short.

Page 96 - No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed — nor will we go upon or send upon him — save by the lawful judgment of his peers or by the law of the land.

Page 517 - THE PRACTICE OF THE HIGH COURT OF CHANCERY. With the Nature of the several Offices belonging to that Court. And the Reports of many Cases wherein Relief hath been there had, and where denyed. "This volume, in paper, type, and binding (like ' Bellewe's Cases ') is a fac-simile of the antique edition. All who buy the one should buy the other.

Page 428 - If the defendant be under an obligation, from the ties of natural justice, to refund, the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ("quasi ex contractu,") as the Roman law expresses it.

Page 336 - An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted.

Page 516 - FOUNDED ON THE INSTITUTES OF JUSTINIAN: TOGETHER WITH EXAMINATION QUESTIONS SET IN THE UNIVERSITY AND BAR EXAMINATIONS (WITH SOLUTIONS), And Definitions of Leading Terms in the Words of the Principal Authorities.

Page 163 - I intentionally say modern rules, because it must not be forgotten that the rules of Courts of Equity are not, like the rules of the Common Law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time — altered, improved, and refined from time to time.

Page 335 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.

Bibliographic information

• Title: Jurisprudence: Or, The Theory of the Law
• Author: Sir John William Salmond
• Edition: 2
• Publisher: Stevens and Haynes, 1907
• Length: 518 pages