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Lectures on Jurisprudence Or the Philosophy of Positive Law
John Austin,Robert Campbell
Limited preview - 1885
Lectures on Jurisprudence, Or, the Philosophy of Positive Law, Volume 2
John Austin,Sarah Austin
No preview available - 2015
actions adverse possession advert aggregate analogy arise benevolence bulk capital departments character civil commands commonly conduct consequences considered Deity delicts deontology determinate body distinction distinguished Divine law enforced evil example hypothesis imposed independent political society individual jus gentium jus naturale law and morality Law of Persons Law of Things law set laws or rules laws properly Lect lectures legal rights legislation Lkct mands matter meaning ment merely metaphorical motive nations nature objects obligation original covenant pact party pernicious political superiors portion posi positive law positive moral rules principle of utility promise proper properly so called purpose quasi-contracts right of possession rights and duties rights in personam rights in rem Roman Law sanction signified society political sove sovereign body sovereign government sovereign number sovereignty specific styled subjects subordinate suppose supreme government term law theory of utility tical tion tive wherein writers
Page 181 - 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. Or (changing the expression) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author.
Page 250 - 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.
Page 207 - I think I may say, that he who imagines commendation and disgrace not to be strong motives to men, to accommodate themselves to the opinions and rules of those with whom they converse, seems little skilled in the nature or history of mankind...
Page 208 - Solitude many men have sought, and been reconciled to: but nobody that has the least thought or sense of a man about him, can live in society under the constant dislike and ill opinion of his familiars, and those he converses with. This is a burden too heavy for human sufferance: and he must be made up of irreconcileable contradictions, who can take pleasure in company, and yet be insensible of contempt and disgrace from his companions.
Page 206 - For though men uniting into politic societies have resigned up to the public the disposing of all their force, so that they cannot employ it against any fellow-citizens, any farther than the law of the country directs ; yet they retain still the power of thinking well or ill, approving or disapproving of the actions of those whom they live amongst, and converse with : and by this approbation and dislike they establish amongst themselves what they will call virtue and vice.
Page 455 - In deliberation, the last appetite, or aversion, immediately adhering to the action, or to the omission thereof, is that we call the will; the act, not the faculty, of willing.
Page 178 - Every law or rule (taken with the largest signification which can be given to the term properly) is a command. Or, rather, laws or rules, properly so called, are a species of commands.
Page 264 - When a number of persons (whom we may style subjects) are supposed to be in the habit of paying obedience to a person, or an assemblage of persons, of a known and certain description (whom we may call governor or governors) such persons altogether (subjects and governors) are said to be in a state of political SOCIETY.* XI.
Page 206 - Thus the measure of what is everywhere called and esteemed virtue and vice, is the approbation or dislike, praise or blame, which by a secret and tacit consent establishes itself in the several societies, tribes, and clubs of men in the world; whereby several actions come to find credit or disgrace amongst them, according to the judgment, maxims, or fashion of that place.