The Nature of Positive LawMacmillan, 1883 - 419 頁 |
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第 1 到 5 筆結果,共 76 筆
第 vii 頁
... results which I had long accepted as final , I found that there were two ways of attempting to correct them - the historical and the analytical . The former way reveals to us the actual manner in which the various elements of Law have ...
... results which I had long accepted as final , I found that there were two ways of attempting to correct them - the historical and the analytical . The former way reveals to us the actual manner in which the various elements of Law have ...
第 ix 頁
... results a stage further , and includes in his idea of Law the limitation of the Sovereign power . With all this before us then , it is impossible to be content to rest finally in Austin's conclusions . The view of Law which Savigny and ...
... results a stage further , and includes in his idea of Law the limitation of the Sovereign power . With all this before us then , it is impossible to be content to rest finally in Austin's conclusions . The view of Law which Savigny and ...
第 x 頁
... result worked into the his- tory of the race , by forces which are beyond human control . Soon after I wrote the above , and when the following pages were already in the publisher's hands , there appeared Professor Clark's work on ...
... result worked into the his- tory of the race , by forces which are beyond human control . Soon after I wrote the above , and when the following pages were already in the publisher's hands , there appeared Professor Clark's work on ...
第 xi 頁
... works that may be observed , and it will be easily seen that if our results are occasionally the same , the methods I have employed are but too clearly my own . CONTENTS . CHAPTER I. JURISPRUDENCE AS A SCIENCE LAW AND PREFACE . xi.
... works that may be observed , and it will be easily seen that if our results are occasionally the same , the methods I have employed are but too clearly my own . CONTENTS . CHAPTER I. JURISPRUDENCE AS A SCIENCE LAW AND PREFACE . xi.
第 2 頁
... result would , perhaps , have been attained earlier had not Jurispru- dence occupied among us a position of insular ... results come from abroad , in this at least we occupy a position to which little can be added by foreign intercourse ...
... result would , perhaps , have been attained earlier had not Jurispru- dence occupied among us a position of insular ... results come from abroad , in this at least we occupy a position to which little can be added by foreign intercourse ...
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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.