| Law - 1832 - 536 pages
...severs it from a law which is not a positive law) may be stated generally in the following manner : — Every positive law, or every law simply and strictly...wherein that person or body is sovereign or supreme. Or (changing the phrase) it is set by a monarch, or sovereign number, to a person or persons in a state... | |
| Great Britain - 1832 - 496 pages
...of jurisprudence ; and to this our author gives the name of positive law. He thus defines it : — " Every positive law, or every law simply and strictly...independent political society wherein that person * The following passage, which is the first sentence in Montesquieu's celebrated treatise " De 1'Esprit... | |
| John Austin - Jurisprudence - 1832 - 512 pages
...difference that severs it from a law which is not a positive law) may be put in the following manner. — Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the 267 t^e law,... | |
| 576 pages
...law which is not a positive law) may be stated generally in the following manner. Every positive law is set by a sovereign person, or a sovereign body...wherein that person or body is sovereign or supreme. It will hence appear that Mr. Austin's design embraces the consideration •f the possible forms of... | |
| American essays - 1889 - 876 pages
...society are subject, or on that determinate superior the other members of the society are dependent." " Every positive law, or every law simply and strictly so called, is set by a sovereign person or by a sovereign body of persons to a member or members of the independent political society wherein... | |
| John Wrottesley Baron Wrottesley - Great Britain - 1860 - 326 pages
...; that is, permanent rules of conduct, set by a sovereign person, or sovereign determinate body, to members of the independent political society wherein that person or body is sovereign or supreme. Thirdly, Positive Moral Rules ; that is, first, laws set by men, but not as political superiors ; and,... | |
| Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1865 - 666 pages
...of strict jurisprudence. The essential distinction of a positive law is this : " Every positive law is set by a sovereign person or a sovereign body of...wherein that person or body is sovereign or supreme. Or (changing the expression) it is set by a monarch or sovereign number to a person or persons in subjection... | |
| 1867 - 224 pages
...from and may be resolved into the laws of the nature of individual man/ Discuss this. [Turn over. 9. ' Every law, simply and strictly so called, is set by...society wherein that person or body is sovereign." Examine this conception of law. 10. Propose a classification of the various functions of government.... | |
| John Austin, Sarah Austin - Law - 1869 - 628 pages
...that severs it from a law which is not law ' a positive law) may be put in the following manner. — Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent... | |
| Gaius - Includes index - 1871 - 574 pages
...case the wish be disregarded. Points to be noted here are the author and the subject of law. Every law is set by a sovereign person or a sovereign body of...wherein that person or body is sovereign or supreme : it is set by a monarch or sovereign number to a person or persons in a state of subjection to its... | |
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