Lectures on Jurisprudence: Or, The Philosophy of Positive LawJohn Murray, 1880 - 504 sider |
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Lectures on Jurisprudence, Or, The Philosophy of Positive Law John Austin,Robert Campbell Uten tilgangsbegrensning - 1875 |
Lectures on Jurisprudence, Or, The Philosophy of Positive Law John Austin Uten tilgangsbegrensning - 1875 |
Lectures on Jurisprudence; Or, The Philosophy of Positive Law John Austin Uten tilgangsbegrensning - 1920 |
Vanlige uttrykk og setninger
absolute action advert analogy applied arise authority Blackstone body command commonly consequence considered contract Courts definition delicts denote deontology determined distinction distinguished dominium Edict emphyteusis English law enjoyment Equity evil example expression fact forbear given independent political society injury instance intention judicial judiciary law jura juris jurisprudence jurists jus civile jus gentium jus in rem jus naturale Justinian Law of Persons Law of Things laws properly LECT Lecture legislation legislature meaning ment merely nations nature obedience object obligation opinion original covenant owner Pandects party peculiar positive law positive morality Prætor principles properly so called purpose quasi-contracts question ratio decidendi reason regard rights and duties rights in personam rights in rem Roman Law Roman lawyers sanction sense servitude signifies sovereign sovereign government specific status or condition statute law styled subordinate supposed term tion tium utility writers
Populære avsnitt
Side 321 - What hindered him from seeing this, was the childish fiction employed by our judges, that judiciary or common law is not made by them, but is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges.
Side 265 - I therefore style these parts of our law leges non scriptae, because their original institution and authority are not set down in writing as acts of parliament are, but they receive their binding power and the force of laws by long and immemorial usage, and by their universal reception throughout the kingdom.
Side 5 - A law, in the most general and comprehensive acceptation in which the term, in its literal meaning, is employed, may be said to be a rule laid down for the guidance of an intelligent being by an intelligent being having power over him.
Side 82 - 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.
Side 410 - Brown shall by deed or will appoint and in default of such appointment and so far as any such appointment shall not extend...
Side 286 - Omnes populi, qui legibus et moribus reguntur, partim suo proprio, partim communi omnium hominum iure utuntur: nam quod quisque populus ipse sibi ius constituit, id ipsius proprium civitatis est, vocaturque ius civile, quasi ius proprium ipsius civitatis; quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur, vocaturque ius gentium, quasi quo iure omnes gentes utuntur.
Side 242 - A fact is said to be proved when after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.
Side 425 - It is not the uncertainty of ever taking effect in possession that makes a remainder contingent; for to that every remainder for life or in tail is and must be liable; as the remainderman may die or die without issue before the death of the tenant for life.
Side 342 - I will venture to affirm that what is commonly called the technical part of legislation is incomparably more difficult than what may be styled the ethical. In other words, it is far easier to conceive justly what would be useful law, than so to construct that same law that it may accomplish the design of the law-giver.
Side 12 - Being liable to evil from you if I comply not with a wish which you signify, I am bound or obliged by your command, or I lie under a duty to obey it.