The Paradoxes of Legal ScienceColumbia University Press, 1928 - Počet stran: 142 |
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Strana 18
... authority by moderate castigation . The mores in their 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 ...
... authority by moderate castigation . The mores in their 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 ...
Strana 20
... authority . Could anything be more typical of the common law as we know it ? One has a shock of surprise when one is told for the first time that as late as the sev- enteenth century the law was very different . " Ex- cept in those ...
... authority . Could anything be more typical of the common law as we know it ? One has a shock of surprise when one is told for the first time that as late as the sev- enteenth century the law was very different . " Ex- cept in those ...
Strana 21
... authority implicit in the nature of the business . " Only anti- quarians recall that it is not as ancient as the law itself . The powers inherent in the judicial office when Holt was Lord Chief Justice exist in undiminished force today ...
... authority implicit in the nature of the business . " Only anti- quarians recall that it is not as ancient as the law itself . The powers inherent in the judicial office when Holt was Lord Chief Justice exist in undiminished force today ...
Strana 24
... authority else- where , " said Judge Pound , " and start with a rule of our own consistent with practical experience . ' For example not less striking , take the group of de- cisions , the chief of them very recent , that revolution ...
... authority else- where , " said Judge Pound , " and start with a rule of our own consistent with practical experience . ' For example not less striking , take the group of de- cisions , the chief of them very recent , that revolution ...
Strana 34
... authorities that bear upon the distinction between subjective and objec- tive negligence . With a wealth of illustration he has developed the thesis that " negligence neither is nor involves ( ' presupposes ' ) either indifference or in ...
... authorities that bear upon the distinction between subjective and objec- tive negligence . With a wealth of illustration he has developed the thesis that " negligence neither is nor involves ( ' presupposes ' ) either indifference or in ...
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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...