A Critical History of Modern English Jurisprudence: A Study in Logic, Politics, and MoralityBacon, 1893 - 83 من الصفحات |
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absolute apparent applied argument asserted assumed Austin's theory authority Bentham and Austin Berkeley Berkeley Berkeley Berkeley CALIFORNIA LIBRARY CHAPTER civil law Common Law conception conclusions consequences consists constitute Courts covenant defined definition denote determined distinction doctrine of rights enforce equally equity ereign established existence expression fact fundamental Hence Herbert Spencer Hobbes and Austin ical ignoratio elenchi inconsistent individual judges jus naturale language law of nature law of private lawyers legislative limited logical Markby means merely method modern English jurists monarch moral convictions natural right notion observed obviously Pandects philosophy political precisely principle of utility principles of natural private right proper sense proposition reason reference regard right and wrong Right or Justice rightful power Roman law rules says science of rights self-ownership Sir Henry Maine sovereign power sovereignty stare decisis statutes term right THEORY OF JURISPRUDENCE tical tion true UNIVE Berkeley UNIVERSITY OF CALIFORNIA vested words
مقاطع مشهورة
الصفحة 15 - From this fundamental law of nature, by which men are commanded to endeavour peace, is derived this second law; that a man be willing, when others are so too, as far forth, as for peace, and defence of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himself.
الصفحة 15 - Therefore, before the names of just and unjust can have place, there must be some coercive power to compel men equally to the performance of their covenants, by the terror of some punishment greater than the benefit they expect by the breach of their covenant...
الصفحة 17 - The liberty of a subject, lieth therefore only in those things, which in regulating their actions, the sovereign hath praetermitted : such as is the liberty to buy, and sell, and otherwise contract with one another; to choose their own abode, their own diet, their own trade of life, and institute their children as they themselves think fit ; and the like.
الصفحة 16 - 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, our peace and defence.
الصفحة 19 - ... the law of nature. Civil and natural law are not different kinds, but different parts of law; whereof one part being written, is .called civil, the other unwritten, natural.
الصفحة 16 - ... confer all their power and strength upon one man, or upon one assembly of men, that may reduce all their wills, by plurality of voices, unto one will...
الصفحة 29 - When long use obtaineth the authority of a law, it is not the length of time that maketh the authority, but the will of the sovereign signified by his silence, for silence is sometimes an argument of consent; and it is no longer law than the sovereign shall be silent therein.
الصفحة 21 - ... nor subjects, is anarchy and the condition of war: that the precepts, by which men are guided to avoid that condition, are the laws of nature: that a Commonwealth without sovereign power is but a word without substance and cannot stand: that subjects owe to sovereigns simple obedience in all things wherein their obedience is not repugnant to the laws of God, I have sufficiently proved in that which I have already written.
الصفحة 23 - The right of nature, which writers commonly call jus naturale, is the liberty each man hath to use his own power, as he will himself, for the preservation of his own nature; that is to say, of his own life; and consequently, of doing anything which, in his own judgment and reason, he shall conceive to be the aptest means thereunto.
الصفحة 17 - The RIGHT OF NATURE, which writers commonly call jus naturale, is the liberty each man hath, to use his own power, as he will himself, for the preservation of his own nature; that is to say, of his own life; and consequently, of doing any thing, which in his own judgment, and reason, he shall conceive to be the aptest means thereunto.