The Nature of Positive LawMacmillan, 1883 - 419 頁 |
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第 1 到 5 筆結果,共 60 筆
第 21 頁
... enforce them against the conscience or opinion of the people . This , how- ever , is opposed to all modern practice in govern- ment . Law is made in accordance with public opinion ; and this may or may not have been formed according to ...
... enforce them against the conscience or opinion of the people . This , how- ever , is opposed to all modern practice in govern- ment . Law is made in accordance with public opinion ; and this may or may not have been formed according to ...
第 48 頁
... enforced by the power of the state , or only acknowledged and enforced by public opinion , they become operative in actual life . The tendency next is to apply these rules , based upon our experience of that portion of mankind with whom ...
... enforced by the power of the state , or only acknowledged and enforced by public opinion , they become operative in actual life . The tendency next is to apply these rules , based upon our experience of that portion of mankind with whom ...
第 50 頁
... enforced by a threat of evil to ensue in case of disobedience ; by these commands are duties imposed and rights thereby created ; and men submit to have their rights and duties regulated in this way . From this ultimate fact in the ...
... enforced by a threat of evil to ensue in case of disobedience ; by these commands are duties imposed and rights thereby created ; and men submit to have their rights and duties regulated in this way . From this ultimate fact in the ...
第 51 頁
... enforce law which is at variance with the sense of Right inherent in the people , and yet not arouse a revolution . None the less in all these cases has an error crept into the practical operations of the science , and in spite of all ...
... enforce law which is at variance with the sense of Right inherent in the people , and yet not arouse a revolution . None the less in all these cases has an error crept into the practical operations of the science , and in spite of all ...
第 55 頁
... enforced in each village sepa- rately , without any regard to the central authority . And if to this it be answered that the examples offered are those of barbarous or only semi - civilised peoples , we may reply that civilisation is ...
... enforced in each village sepa- rately , without any regard to the central authority . And if to this it be answered that the examples offered are those of barbarous or only semi - civilised peoples , we may reply that civilisation is ...
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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.