Inquiries Elementary and Historical in the Science of Law |
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Page 4
... according to the laws observed by them , and theorize in the correct and proper sense of that term . Thus we talk of the laws , by which the earth and the other planets perform their revolutions around the sun , and by which the motions ...
... according to the laws observed by them , and theorize in the correct and proper sense of that term . Thus we talk of the laws , by which the earth and the other planets perform their revolutions around the sun , and by which the motions ...
Page 5
... according as these bodies , thus produce , or do not produce , permanent changes in their internal constitution , form the multifarious objects , either of the chemical , or of the mechanical , arts and sciences . Thus , too , we talk ...
... according as these bodies , thus produce , or do not produce , permanent changes in their internal constitution , form the multifarious objects , either of the chemical , or of the mechanical , arts and sciences . Thus , too , we talk ...
Page 7
James Reddie. guished from the moral sciences , or knowledge of the laws , according to which human voluntary actions are felt and considered to be susceptible of moral approba- tion or disapprobation , with reference to the merit or ...
James Reddie. guished from the moral sciences , or knowledge of the laws , according to which human voluntary actions are felt and considered to be susceptible of moral approba- tion or disapprobation , with reference to the merit or ...
Page 16
... according as the power involved in the idea is exercised by the Creator over his creatures , or by the creatures over each other , under the liberty of voluntary action delegated to them . And in this sense law is either divine or human ...
... according as the power involved in the idea is exercised by the Creator over his creatures , or by the creatures over each other , under the liberty of voluntary action delegated to them . And in this sense law is either divine or human ...
Page 32
... according to which , he maintained , property had no existence . During the present century , Lepage devotes a large portion of his " Science du Droit , " to the " Exposition du Droit Naturel . " Fritot , in his " Science du Publiciste ...
... according to which , he maintained , property had no existence . During the present century , Lepage devotes a large portion of his " Science du Droit , " to the " Exposition du Droit Naturel . " Fritot , in his " Science du Publiciste ...
Other editions - View all
Inquiries: Elementary and Historical, in the Science of Law (1840) James Reddie No preview available - 2008 |
Inquiries Elementary and Historical in the Science of Law (Classic Reprint) James Reddie No preview available - 2015 |
Inquiries Elementary and Historical in the Science of Law (Classic Reprint) James Reddie No preview available - 2018 |
Common terms and phrases
adopted appears applicable arise arrangement ascertain Bentham branches century Charles Comte chiefly civil society classification Code Civil coercive law coercive power common law compulsory conduct connexion consequences constitution consuetudinary law contract Creator cultivated distinction dividuals divisions of law doctrines Droit duties enactment enforced established ethics exercise exist experience external actions external substances foundation Frémery Grotius human actions individuals inquiries intercourse internal law judge judicial Jure juridical Juris jurisprudence jurists jus gentium Jus naturæ Jus naturale justice law of nature lawyers legal relations legislative legum Leibnitz limited Lord Bacon mankind matter ment merely mode Montesquieu moral nations naturæ et gentium natural law object observation obviously offences particular penal penal law personal rights philosophers physical positive law practical principles private law quæ real rights reciprocal recognised regulation rights and obligations Roman law rules science of law sense statute law term law things tion treatise viduals views voluntary action welfare
Popular passages
Page 27 - Est quidem vera lex, recta ratio, naturae congruens, diffusa in omnes, constans, sempiterna, quae vocet ad officium jubendo, vetando a fraude deterreat ; quae tarnen neque probos frustra jubet aut vetat, nee improbos jubendo aut vetando movet.
Page 27 - Huic legi nee obrogari fas est, neque derogari ex hac aliquid licet, neque tota abrogari potest. Nee vero aut per senatum aut per populum solvi hac lege possumus : neque est quaerendus explanator aut interpres ejus aliusr nee erit alia Lex Romae, alia Athenis, alia nunc, alia posthac...
Page 27 - Neque est quaerendus explanator aut interpres ejus alius: nee erit alia lex Romae, alia Athenis, alia nunc, alia posthac, sed et omnes gentes, et omni tempore una Lex, et sempiterna, et immortalis continebit; unusque erit communis quasi magister, et imperator omnium DEUS. Ille legis hujus inventor, disceptator, lator: cui qui non parebit, ipse se fugiet, ac naturam hominis aspernabitur: hocque ipso luet maximas poenas, etiam si caetera supplicia, quae putantur effugerit.— CICERO, Fragm.
Page 82 - Erat enim ratio profecta a rerum natura et ad recte faciendum impellens et a delicto avocans, quae non turn denique incipit lex esse, cum scripta est; sed cum orta est. Orta autem simul est cum mente divina.
Page 60 - ... the natural sentiments of justice from arriving at that accuracy and precision which, in more civilized nations, they naturally attain to. Their laws are, like their manners, gross and rude and undistinguishing. In other countries the unfortunate constitution of their courts of judicature hinders any regular system of jurisprudence from ever establishing itself among them, though the improved manners of the people may be such as would admit of the most accurate. In no country do the decisions...
Page 94 - Nam quod quisque populus ipse sibi ius constituit, id ipsius proprium est vocaturque ius civile, quasi ius proprium civitatis; quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur vocaturque ius gentium, quasi quo iure omnes gentes utuntur.
Page 138 - To assure to individuals the possession of a certain good, is to confer a right upon them."7 Goods are assured by imposing duties or obligations, by requiring acts or forbearances of others. Obligations do not correspond to rights unless they protect or serve rather than harm or threaten those they directly concern. So Bentham held that rights "correlate...
Page 59 - Sometimes what is called the constitution of the state, that is, the interest of the government; sometimes the interest of particular orders of men who tyrannize the government, warp the positive laws of the country from what natural justice would prescribe...
Page 68 - Omnino qui rei publicae praefuturi sunt, duo Platonis praecepta teneant, unum, ut utilitatem civium sic tueantur, ut, quaecumque agunt, ad earn référant obliti commodorum suorum, alterum, ut totum corpus rei publicae curent, ne, dum partem aliquam tuentur, reliquas deserant.
Page 137 - To show their mode of generation, is to show their nature. A period may be easily imagined when men existed without laws, without obligations, without crimes, without rights. What would they then possess ? Persons, things, actions ; persons and things, the only real beings ; actions, which exist only for a fleeting moment, which perish the instant that they are born, but which still leave a numerous posterity. Among these actions, some will produce great evils, and the experience of these evils will...