The Paradoxes of Legal ScienceColumbia University Press, 1928 - Počet stran: 142 |
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Strana 14
... concepts and that of mercantile expedients . From these and kindred illustrations a working rule emerges . In default of a better name , I may style it the principle of relativity in the adaptation of the law to conduct . When changes ...
... concepts and that of mercantile expedients . From these and kindred illustrations a working rule emerges . In default of a better name , I may style it the principle of relativity in the adaptation of the law to conduct . When changes ...
Strana 29
... concepts positive and just law . " " It seems " to many " that there is a distinction between positive law and a cer- tain ' ethical something ' which , at any rate , is not law . This is not true . The distinction we are making is ...
... concepts positive and just law . " " It seems " to many " that there is a distinction between positive law and a cer- tain ' ethical something ' which , at any rate , is not law . This is not true . The distinction we are making is ...
Strana 46
... concept of an infant's disability where injustice would be wrought if the concept were maintained in all its rigorous simplicity.112 We see it in a tendency , still almost in embryo , and yet perceptible , to en- large the duties owing ...
... concept of an infant's disability where injustice would be wrought if the concept were maintained in all its rigorous simplicity.112 We see it in a tendency , still almost in embryo , and yet perceptible , to en- large the duties owing ...
Strana 61
... concept , overgrown , and swollen with excess of power , is matched in the end by other concepts which put a curb on its pretensions . This interplay of concepts 155 Principles of Psychology , vol . 1 , p . 260 , quoted by Wallas , op ...
... concept , overgrown , and swollen with excess of power , is matched in the end by other concepts which put a curb on its pretensions . This interplay of concepts 155 Principles of Psychology , vol . 1 , p . 260 , quoted by Wallas , op ...
Strana 62
... concept or principle , " he writes , 158 is found to be but the terminal of a scale which shades at its op- posite ... Concepts are useful , indeed indispensable , if kept within their place . We will press them quite a distance . Many a ...
... concept or principle , " he writes , 158 is found to be but the terminal of a scale which shades at its op- posite ... Concepts are useful , indeed indispensable , if kept within their place . We will press them quite a distance . Many a ...
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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...