An Examination of the Nature of the StateMacmillan, 1911 - Počet stran: 448 |
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Strana 46
... parties remained , however , united upon one point ; namely , that this dualism of Church and State found an ultimate union in a divine order . They were not divided as to the ultimate 1 De Monarchia . 2 Octo questiones super potestate ...
... parties remained , however , united upon one point ; namely , that this dualism of Church and State found an ultimate union in a divine order . They were not divided as to the ultimate 1 De Monarchia . 2 Octo questiones super potestate ...
Strana 49
... parties , that the will of God or the nature of man were to be considered only as causa remota , and that all ownership lay in the free contractual gift of the community ( per viam voluntaria subjectionis et con- sensus ) , the debated ...
... parties , that the will of God or the nature of man were to be considered only as causa remota , and that all ownership lay in the free contractual gift of the community ( per viam voluntaria subjectionis et con- sensus ) , the debated ...
Strana 138
... parties concerned are private individuals , above and be- tween whom stands the State as an impartial arbiter . In Public Law also the State is present as arbiter , although it is at the same time one of the parties interested . " 1 At ...
... parties concerned are private individuals , above and be- tween whom stands the State as an impartial arbiter . In Public Law also the State is present as arbiter , although it is at the same time one of the parties interested . " 1 At ...
Strana 150
... parties in actions of eject- ment , etc. It is impossible to overestimate the influence of this element in the growth of law . As is well known , so powerful an instrument did this become in the hands of the English judges that acts of ...
... parties in actions of eject- ment , etc. It is impossible to overestimate the influence of this element in the growth of law . As is well known , so powerful an instrument did this become in the hands of the English judges that acts of ...
Strana 185
... parties to the greatest war of this century , sprang from differing views regarding the nature of Sovereignty , its divisibility , and the tests by which its presence is to be recognized . In a general way it is convenient to say that ...
... parties to the greatest war of this century , sprang from differing views regarding the nature of Sovereignty , its divisibility , and the tests by which its presence is to be recognized . In a general way it is convenient to say that ...
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according action actual appear applied aristocracy Austin Bluntschli body politic Chap character citizens civil commands Commonwealths compact conception consent considered constitutional law Contract Theory courts covenant created custom definite democracy determine distinction distinguished divine doctrine electorate element enforced ernment essential established exercise existence expression extent fact federal force freedom governmental Hobbes human idea independent individual interests Johannes Althusius Jurisprudence juristic jus naturale lative law of nature legislative legislature liberty limited logical manner means ment monarch moral nations natura naturans Natural Law Natural Rights necessarily necessity non-sovereign obtained origin particular person political authority political power popular positive law possession possible principles question reason regards regulation render Rousseau rule rulers says sense social Social Contract society sover sovereign power Sovereignty standpoint State's supreme term tion tive Treatises of Government treaty union United unity validity vidual writers
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Strana 181 - 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...
Strana 333 - Social progress means a checking of the cosmic process at every step and the substitution for it of another, which may be called the ethical process; the end of which is not the survival of those who may happen to be the fittest, in respect of the whole of the conditions which obtain, but of those who are ethically the best.
Strana 87 - The body politic is formed by a voluntary association of individuals. It is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.
Strana 75 - But though men, when they enter into society, give up the equality, liberty, and executive power they had in the state of nature, into the hands of the society, to be so far disposed of by the legislative, as the good of the society shall require; yet it being only with an intention in every one the better to preserve himself, his liberty and property...
Strana 394 - For by art is created that great LEVIATHAN' called a COMMONWEALTH,* or STATE (in Latin CIVITAS), which is but an artificial man, though of greater stature and strength than the natural, for whose protection and defence it was intended...
Strana 283 - When we inquire by what means this wonder is effected we shall find, that as Force is always on the side of the governed, the governors have nothing to support them but opinion. It is, therefore, on opinion only that government is founded, and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular.
Strana 12 - A PORTION of mankind may be said to constitute a Nationality if they are united among themselves by common sympathies which do not exist between them and any others — which make them co-operate with each other more willingly than with other people, desire to be under the same government, and desire that it should be government by themselves or a portion of themselves exclusively.
Strana 69 - Civil law is to every subject those rules which the Commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of for the distinction of right and wrong; that is to say, of what is contrary and what is not contrary to the rule.
Strana 255 - If a State and a county in a given case, should be equal in extent of territory, and equal in number of inhabitants, in what, as a matter of principle, is the State better than the county ? Would an exchange of...
Strana 66 - That he which is made sovereign maketh no covenant with his subjects beforehand, is manifest; because either he must make it with the whole multitude, as one party to the covenant, or he must make a several covenant with every man. With the whole, as one party...