The Nature of Positive LawMacmillan, 1883 - 419 頁 |
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第 1 到 5 筆結果,共 28 筆
第 19 頁
... Law of God . Justice is that which conforms to the divine law . This , of course , prepares the way for the next step . The divine law , which is merely our old friend the Law of Nature in very transparent disguise , is known by ...
... Law of God . Justice is that which conforms to the divine law . This , of course , prepares the way for the next step . The divine law , which is merely our old friend the Law of Nature in very transparent disguise , is known by ...
第 21 頁
... law is not any supposed divine law , but popular opinion : and it is only where , from the nature of the case , this does not exist , that we can have recourse immediately to the principle of utility . For this purpose we may compare ...
... law is not any supposed divine law , but popular opinion : and it is only where , from the nature of the case , this does not exist , that we can have recourse immediately to the principle of utility . For this purpose we may compare ...
第 23 頁
... Divine Law directly ; when it is necessary to justify a principle we may , as I have already shown , do this either by demonstrating its utility or referring to its general adoption . Again , we must remember that Jurisprudence is ...
... Divine Law directly ; when it is necessary to justify a principle we may , as I have already shown , do this either by demonstrating its utility or referring to its general adoption . Again , we must remember that Jurisprudence is ...
第 163 頁
John Mason Lightwood. enforce the treaty , and hence it is placed under Divine Sanction . The original contract , then , exists outside the domain of Law . It is a promise , accompanied by a religious ceremony . Any violation of it ...
John Mason Lightwood. enforce the treaty , and hence it is placed under Divine Sanction . The original contract , then , exists outside the domain of Law . It is a promise , accompanied by a religious ceremony . Any violation of it ...
第 164 頁
... divine justice , this might have been incon- venient for the management of human affairs . It was a peculiarity , however , of the Romans , that neither divine nor moral laws were left without suitable human sanction . The moral law was ...
... divine justice , this might have been incon- venient for the management of human affairs . It was a peculiarity , however , of the Romans , that neither divine nor moral laws were left without suitable human sanction . The moral law was ...
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常見字詞
abstract according actions actual already applied arbitrator arise assent Austin authority clan College of Pontiffs command consider contract correspond course courts custom Customary Law distinction divine law Duty Early Institutions element enforce England English English Law enquire existence fact force German Hence human Ibid idea of Law Ihering individual influence interests judge jus gentium Justice kind land laws proper Legis Legislation mancipatio manner matter means merely moral rules nation natural law nature necessary necessity nexum object opinion organisation origin ownership Papinian person positive law positive morality Possession possible practice Prætor primitive principle of utility realise reason Recht recognised regard regulation relations remarks require result Roman Law Rome rules of law rules of morality Sanction Savigny science of Jurisprudence seems Sir Henry Maine society source of Law Sovereign stage things tion tribe Village Community whole word
熱門章節
第 332 頁 - 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.
第 341 頁 - But political or civil liberty is 1 Austin, pp. 250, 251. not more worthy of eulogy than political or legal restraint. Political or civil liberty, like political or legal restraint...
第 148 頁 - Claudiana, that it originated from the settlement of the Claudian clansmen on the Anio ; and that the other districts of the earliest division originated in a similar manner is indicated quite as certainly by their names. These names are not, like those of the districts added at a later period, derived from the localities, but are formed, without exception, from the names of clans ; and the clans who thus 1 Asiatic Studies, p.
第 76 頁 - ... which some of their inquiries involve, and such are the complexity and ambiguity of some of the terms, that they would often fall short of the perfect exactness and coherency, which the fewness of his premises, and the simplicity and definiteness of his expressions, enable the geometer to reach. But, though they would often fall short of geometrical exactness and coherency, they might always approach, and would often attain to them. They would acquire the art and the habit of defining their leading...
第 122 頁 - More than all, customary law is not enforced by a sanction. In the almost inconceivable case of disobedience to the award of the village council, the sole punishment, or the sole certain punishment, would appear to be universal disapprobation.
第 340 頁 - The bulk of the given society are in a habit of obedience or submission to a determinate and common superior : let that common superior be a certain individual person, or a certain body or aggregate of individual persons.
第 75 頁 - ... Dialogue of the Common Laws,' he argues for a fusion of law and equity, a registration of titles to land, and a systematic penal code — three measures which we are on the eve of seeing carried out at this very moment. The capital fact in the mechanism of modern States is the energy of legislatures. Until the fact existed, I do not, as I have said, believe that the system of Hobbes, Bentham and Austin could have been conceived ; wherever it exhibits itself imperfectly, I think that the system...
第 74 頁 - Whenever you introduce any one of the legal conceptions determined by the analysis of Bentham and Austin, you introduce all the others by a process which is apparently inevitable. No better proof could be given that, though it be improper to employ these terms sovereign...
第 90 頁 - From the moment when a tribal community settles down finally upon a definite space of land, the Land begins to be the basis of society in place of Kinship.
第 353 頁 - Independently of the position or establishment which it may receive from the sovereign, the rule which a Custom implies (or in the observance of which a custom consists) derives the whole of its obligatory force from those concurring sentiments which are styled public opinion.