The Paradoxes of Legal ScienceColumbia University Press, 1928 - Počet stran: 142 |
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Strana 8
... " in the History and Prospects of the Social Sciences , by Harry Elmer , Barnes , and others , p . 472 . 12 Cf. Cardozo , The Growth of the Law , p . 67 . help us in the course of time to the formulation Rest and Motion 8.
... " in the History and Prospects of the Social Sciences , by Harry Elmer , Barnes , and others , p . 472 . 12 Cf. Cardozo , The Growth of the Law , p . 67 . help us in the course of time to the formulation Rest and Motion 8.
Strana 14
... growth more persistent and effective . The parallel- ism is maintained between the movement of legal concepts and that of mercantile expedients . From these and kindred illustrations a working rule emerges . In default of a better name ...
... growth more persistent and effective . The parallel- ism is maintained between the movement of legal concepts and that of mercantile expedients . From these and kindred illustrations a working rule emerges . In default of a better name ...
Strana 18
... growth have imposed the restraint of law upon these grosser acts of tyranny , and from these has moved to others subtler and more elusive . Cruelty was once identified with physical abuse . In- sult and derision , mental torture as well ...
... growth have imposed the restraint of law upon these grosser acts of tyranny , and from these has moved to others subtler and more elusive . Cruelty was once identified with physical abuse . In- sult and derision , mental torture as well ...
Strana 29
... growth in the hands of common law judges will be used with greater freedom . The whole system which they de- velop has been built on the assumption that it is an expression of the mores . What has once been settled by a precedent will ...
... growth in the hands of common law judges will be used with greater freedom . The whole system which they de- velop has been built on the assumption that it is an expression of the mores . What has once been settled by a precedent will ...
Strana 31
... must be regulated . And this regulation forms the object of an 70 Cardozo , Growth of the Law , p . 87 . 71 Stammler , op . cit . , pp . 40 , 54 , 58 . - 72 P. 55 . 31 independent method and study . A merely technical economy cannot.
... must be regulated . And this regulation forms the object of an 70 Cardozo , Growth of the Law , p . 87 . 71 Stammler , op . cit . , pp . 40 , 54 , 58 . - 72 P. 55 . 31 independent method and study . A merely technical economy cannot.
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acts Ambler Realty Co antithesis axiology Bertrand Russell Bouglé Cardozo civilization common law compromise concept conduct constitutional contract courts custom decisions Demogue Dewey doctrine duty economic Ethics Everyman's Evolution and Political forces forms formula freedom fundamental Growth Harry Elmer Barnes History Hobhouse Holdsworth ideal individual J. A. Hobson judges judgment judicial process jural cause jural norm Jurisprudence jurist juristic person justice Korkunov Laski least legislation liability LIBERTY AND GOVERNMENT limits M. R. Cohen MacIver mean ment method Modern Legal Phil nature negligence Nicomachean Ethics opinion philosophy Political Theory positive law precedent pressure principle problem reason rest and motion restraint rule sanction says SCIENCE OF VALUES social interests social mind Social Sciences society Sociology spirit stability Stammler stare decisis statute supra tendency Theory of Justice thing thought tion Tort tradition true truth values Vinogradoff
Oblíbené pasáže
Strana 103 - If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.
Strana 95 - I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.
Strana 87 - 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 farther than is for the general good of those under that law.
Strana 90 - a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws"; but freedom of men under government is to have a standing rule to live by, common to every one of that society and made by the legislative power erected in it...
Strana 106 - On the contrary, even opinions lose their immunity when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mischievous act.
Strana 106 - The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
Strana 37 - In the more precise language of philosophic jurists, duties of perfect obligation are those duties in virtue of which a correlative right resides in some person or persons; duties of imperfect obligation are those moral obligations which do not give birth to any right. I think it will be found that this distinction exactly coincides with that which exists between justice and the other obligations of morality. In our survey of the various popular acceptations of justice, the term appeared generally...
Strana 36 - Worthiness; the character is still to be sought which distinguishes justice from other branches of morality. Now it is known that ethical writers divide moral duties into two classes, denoted by the ill-chosen expressions, duties of perfect and of imperfect obligation; the latter being those in which, though the act is obligatory, the particular occasions of performing it are left to our choice; as in the case of charity or beneficence, which we are indeed bound to practise, but not towards any definite...
Strana 19 - There is no case directly in point ; but it would be a slur upon and a discredit to the administration of justice in this country if there were any doubt as to the legal principle, or as to the present case being within it. The prisoner was under a moral obligation to the deceased from which arose a legal duty towards her...
Strana 32 - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...