Modern Conception of Law |
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Page 9
... the main theme . Briefly summarized , it is as follows : I state the modern view of the origin and the nature of law , and the method by which these questions are determined . I refer to the old method which consisted INTRODUCTION 9.
... the main theme . Briefly summarized , it is as follows : I state the modern view of the origin and the nature of law , and the method by which these questions are determined . I refer to the old method which consisted INTRODUCTION 9.
Page 10
Frank Johnston. determined . I refer to the old method which consisted mainly of speculation and which led to visionary and erroneous theories . The modern method , I point out , consists of an investigation similar to that in which in ...
Frank Johnston. determined . I refer to the old method which consisted mainly of speculation and which led to visionary and erroneous theories . The modern method , I point out , consists of an investigation similar to that in which in ...
Page 22
... determined the selection ; for in this way if they do not exactly reach the point they desire , they will come at least in the end to some place that will probably be preferable to the middle of a forest . In the same way , since in ...
... determined the selection ; for in this way if they do not exactly reach the point they desire , they will come at least in the end to some place that will probably be preferable to the middle of a forest . In the same way , since in ...
Page 37
... determination of the law by the judges involves a study of human conduct ; and as the conduct of mankind is in conformity with Custom , the decisions of the judges comprise a search for Custom or law . The judges are then the finders of ...
... determination of the law by the judges involves a study of human conduct ; and as the conduct of mankind is in conformity with Custom , the decisions of the judges comprise a search for Custom or law . The judges are then the finders of ...
Page 38
... determination of these ques- tions depends on customary conduct , it follows that the determination of the question of ... determined from the language in a written instrument , the meaning adopted by the court would be that ordinarily ...
... determination of these ques- tions depends on customary conduct , it follows that the determination of the question of ... determined from the language in a written instrument , the meaning adopted by the court would be that ordinarily ...
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Common terms and phrases
according Ancient Law Austin authority Carter civilization Common Law Constitution courts created by Custom Criminal Law customary conduct customary law early enforced English English Law Equity established Evolution of Law existence fact follows Gray says Growth and Function History Ibid John Stuart Mill Judges Jurisprudence Jury Justice and Right King Kocourek and Wigmore Korkunov Law or Common law-making force lawyers legislation Lubbock means modern Moral Instinct Munroe Smith nations nature of law observed Origin and Growth origin and nature particular customs philosophy of law political positive law precedent primitive Principles of Sociology procedure races reason regulated Right and Justice right and wrong right conduct Roman Law rules of conduct rules of law savages Section Select Readings sense social society source of law speaking Spencer stage standards of Justice standards of Right Sutherland Tacitus theory tion tribes Unwritten Law usage
Popular passages
Page 58 - The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.
Page 58 - The only freedom which deserves the name is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs or impede their efforts to obtain it.
Page 71 - Apart from the peculiar tenets of individual thinkers, there is also in the world at large an increasing inclination to stretch unduly the powers of society over the individual, both by the force of opinion and even by that of legislation : and as the tendency of all the changes taking place in the world is to strengthen society, and diminish the power of the individual, this encroachment is not one of the evils which tend spontaneously to disappear, but, on the contrary, to grow more and more formidable.
Page 49 - But even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was not * 1 W. Blackstone, Commentaries *69-70. 780 DOCTRINE OF PRECEDENT law; that is, that it is not the established custom of the realm, as has been erroneously determined.
Page 342 - I do not mean that they choose what is customary, in preference to what suits their own inclination. It does not occur to them to have any inclination, except for what is customary.
Page 30 - Equity in law, is the same that the spirit is in religion, what every one pleases to make it: sometimes they go according to conscience, sometimes according to law, sometimes according to the rule of Court.
Page 30 - Chancellor's foot: what an uncertain measure would this be ! One Chancellor has a long foot, another a short foot, a third an indifferent foot : it is the same thing in the Chancellor's conscience.
Page 65 - The fatal tendency of mankind to leave off thinking about a thing when it is no longer doubtful, is the cause of half their errors. A contemporary author has well spoken of '" the deep slumber of a decided opinion.
Page 70 - All errors which he is likely to commit against advice and warning are far outweighed by the evil of allowing others to constrain him to what they deem his good.
Page 22 - My second maxim was to be as firm and resolute in my actions as I was able, and not to adhere less steadfastly to the most doubtful opinions, when once adopted, than if they had been highly certain...