The Modern Idea of the StateD. Appleton, 1922 - 281 من الصفحات |
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عبارات ومصطلحات مألوفة
absolute monarchy according administration ancien régime authority of law basis binding force civilized complex of interests conception conflict Consequently constitutional law customary law decentralization decision derived duty ereign established ethical evaluation exercise existence fact field function Hence historical human idea of sovereignty independent individual intellectual international law judge judgment juristic personality king law-making organs legal community legal convictions legal order legal relations legal value legislative organ limited manifests means ment merely modern idea munity national law nature nity obligations operation original parliament parties point of view political theory popular sovereignty positive law practice principle private law public interests Recht Rechtsstaat recognized reference regarded representative result rulers rules of law Savigny sense of right social source of law sover sovereign sovereign authority spiritual state's statute statutory law terests ternational tion tional law tive treaty unwritten law
مقاطع مشهورة
الصفحة 22 - I authorize and give up my right of governing myself, to this man, or to this assembly of men, on this condition, that thou give up thy right to him, and authorize all his actions in like manner.
الصفحة 22 - This is the generation of that great "leviathan," or, rather, to speak more reverently, of that "mortal god," to which we owe, under the "immortal God,
الصفحة 156 - Rulers and ruling classes are under a necessity of considering the interests and wishes of those who have the suffrage; but of those who are excluded, it is in their option whether they will do so or not; and, however honestly disposed, they are, in general, too fully occupied with things which they must attend to to have much room in their thoughts for any thing which they can with impunity disregard.
الصفحة xliii - For, when all is said, there seems to be a genus of which State and Corporation are species. They seem to be permanently organized groups of men ; they seem to be groupunits ; we seem to attribute acts and intents, rights and wrongs to these groups, to these units.
الصفحة 42 - ... be imagined), civil rights were derived from this source, mutual compact. For those who had joined any community or put themselves in subjection to any man or men, those either expressly promised, or from the nature of the case must have been understood to promise tacitly, that they would conform to that which either the majority of the community or those to whom the power was assigned should determine.
الصفحة xxii - Parliament is, from a merely legal point of view, the absolute sovereign of the British Empire, since every Act of Parliament is binding on every court throughout the British dominions, and no rule, whether of morality or of law, which contravenes an Act of Parliament, binds any court throughout the...
الصفحة 48 - The legislative organ runs the risk of enacting rules which lack the quality of law either because the organization of the legislature is defective or because it mistakes what the people's sense of right demands. On the other hand, it may happen even more easily that what is embodied in a statute ceases to be law and so is no longer valid because it has lost the basis of its binding force. In such a case compulsion, — the punishment or legal judgment which disobedience to the statute entails, —...
الصفحة 26 - It is there only when there is no abuse of power. But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go.
الصفحة xviii - France who - in the sixteenth century achieved the title to be -described as "in his own kingdom, as it were, a corporeal God". And in 1576, Jean Bodin first formulated a definition of the state which made sovereign power its essential characteristic. The state consists of citizens subject to some sovereign power and the sovereignty is "the absolute and perpetual power of -a commonwealth" (La puissance absolute et • perpetuelle d'uue Republique), or in the Latin edition (1586), "the.
الصفحة 269 - As interests of an international nature increase, the center of law-making is shifted from the states to an ever-broadening legal community. But at present there still remain organs of the states which in their national capacity share in the establishment of international law by means of treaties. The One State will never appear until an organ has developed specially designed to make international law and proceeding from the people themselves. The present states will be related to this One State...