The Paradoxes of Legal ScienceColumbia University Press, 1928 - Počet stran: 142 |
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Strana 18
... action with the sanction of the law . Let me seek some illustrations of the movement of judge - made law in accord with changing mores . The law of domestic relations supplies the readiest ex- amples . The husband at common law might ...
... action with the sanction of the law . Let me seek some illustrations of the movement of judge - made law in accord with changing mores . The law of domestic relations supplies the readiest ex- amples . The husband at common law might ...
Strana 20
... actions , and are no longer surprised to hear that the doctrine of con- sideration might have been different if assumpsit had not developed out of tort.36 But there are other principles , and weighty ones , where something other than ...
... actions , and are no longer surprised to hear that the doctrine of con- sideration might have been different if assumpsit had not developed out of tort.36 But there are other principles , and weighty ones , where something other than ...
Strana 22
... action in tort might be maintained for " a false and fraudulent statement which caused damage to another , though there was no contractual relation between deceiver and the person deceived . " One judge , Grose , J. , dissented upon the ...
... action in tort might be maintained for " a false and fraudulent statement which caused damage to another , though there was no contractual relation between deceiver and the person deceived . " One judge , Grose , J. , dissented upon the ...
Strana 23
... actions . One by one these exceptions dropped away . Proceedings in the lower courts were put on the same footing as proceedings in the higher ones . Ex parte proceedings might be reported as freely as those that were contentious ...
... actions . One by one these exceptions dropped away . Proceedings in the lower courts were put on the same footing as proceedings in the higher ones . Ex parte proceedings might be reported as freely as those that were contentious ...
Strana 48
... action is evoked in the form of social sentiment and conviction from which emerges a demand that the sanction of the opinion of society shall be fortified by the sanction of its power . When this pressure has gone so far that it may no ...
... action is evoked in the form of social sentiment and conviction from which emerges a demand that the sanction of the opinion of society shall be fortified by the sanction of its power . When this pressure has gone so far that it may no ...
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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...