The Elements of JurisprudenceClarendon Press, 1888 - 378 pagina's |
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Pagina viii
... difficulty of the topic of which he has attempted to give a complete and consistent view . T. E. H. OXFORD , March 20 , 1880 . PREFACE TO THE SECOND EDITION . THIS edition has been viii PREFACE TO THE FIRST EDITION .
... difficulty of the topic of which he has attempted to give a complete and consistent view . T. E. H. OXFORD , March 20 , 1880 . PREFACE TO THE SECOND EDITION . THIS edition has been viii PREFACE TO THE FIRST EDITION .
Pagina 9
... give some instances herein of several great titles in the Law , which upon those occasions are at this day in a great measure antiquated , and some that are much abridged and reduced into a very narrow compass and use ' ( he mentions ...
... give some instances herein of several great titles in the Law , which upon those occasions are at this day in a great measure antiquated , and some that are much abridged and reduced into a very narrow compass and use ' ( he mentions ...
Pagina 33
... give them a higher authority and a philosophical significance by identifying them with the ' ius naturale ' ; as is done even by Cicero 3 ; and more explicitly by Gaius when he says : Quod vero naturalis ratio inter omnes homines ...
... give them a higher authority and a philosophical significance by identifying them with the ' ius naturale ' ; as is done even by Cicero 3 ; and more explicitly by Gaius when he says : Quod vero naturalis ratio inter omnes homines ...
Pagina 45
... says , ' of the modern analytical jurists has been to recover from its hiding - place the force which gives its sanction to the law . ' Early Law and Custom , p . 388 . CHAP . IV . the actual conditions of matter , SOVEREIGNTY . 45.
... says , ' of the modern analytical jurists has been to recover from its hiding - place the force which gives its sanction to the law . ' Early Law and Custom , p . 388 . CHAP . IV . the actual conditions of matter , SOVEREIGNTY . 45.
Pagina 48
... gives them that force . The last two uses are those which are most frequently confused together . Until the State is formed there can be no law , in the strict sense of the term . There may be , and doubtless always have been , morality ...
... gives them that force . The last two uses are those which are most frequently confused together . Until the State is formed there can be no law , in the strict sense of the term . There may be , and doubtless always have been , morality ...
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Veelvoorkomende woorden en zinsdelen
according Act of Parliament action agreement applied arise artificial person authority Bentham called causa CHAP Code Civil Common Law contract Court coverture creditor criminal Crown 8vo custom defined described distinction droit duties effect enforced English law equity existence expressed fact French Code individual infringement injury Inst International law iuris Jurisprudence Juristic Act juristic person land legislation liability Lord M.A. Extra fcap marriage Max Müller means merely mode modern moral nations nature negligence object obligation owner ownership Pand parties person of incidence person of inherence plaintiff possession Praetor principles private law question quod Recht recognised relations remedial right result rights in personam rights in rem Roman law rules Savigny says sense servitudes sovereign statute Supra system of law term theory thing tion topics Ulpian Vict VIII W. W. Skeat Windscheid καὶ
Populaire passages
Pagina 75 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Pagina 256 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Pagina 56 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.
Pagina 175 - That, at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Pagina 187 - But a license to hunt in a man's park and carry away the deer killed to his own use; to cut down a tree in a man's ground, and...
Pagina 67 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Pagina 34 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Pagina 109 - Publicum ius est quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem: sunt enim quaedam publice utilia, quaedam privatim.
Pagina 226 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Pagina 19 - Wherefore, that here we may briefly end, of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world; all things in heaven• and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...