The Paradoxes of Legal ScienceColumbia University Press, 1928 - Počet stran: 142 |
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Strana 20
... contracts and torts of a servant within the scope of the apparent 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 ...
... contracts and torts of a servant within the scope of the apparent 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 ...
Strana 22
... contract , and where there is a promise , either express or implied , that the fact is true which is misrepresented . " Coming down to recent days , take the changes that have been wrought in the law 42 3 T.R. 51 . 48 Holdsworth , op ...
... contract , and where there is a promise , either express or implied , that the fact is true which is misrepresented . " Coming down to recent days , take the changes that have been wrought in the law 42 3 T.R. 51 . 48 Holdsworth , op ...
Strana 34
... contract , the adopted child , the constructive trust , all of flourishing vital- ity , to attest the empire of " as if " today . What I have in mind more particularly , however , is a class of fictions of another order , the fiction ...
... contract , the adopted child , the constructive trust , all of flourishing vital- ity , to attest the empire of " as if " today . What I have in mind more particularly , however , is a class of fictions of another order , the fiction ...
Strana 41
... contract is the maxim " uti lingua nuncupassit , ita jus esto . " ' 104 This is the foundation , yet many pages have been written to show the remedies available when the tongue has made a slip . There are other situations in which there ...
... contract is the maxim " uti lingua nuncupassit , ita jus esto . " ' 104 This is the foundation , yet many pages have been written to show the remedies available when the tongue has made a slip . There are other situations in which there ...
Strana 70
... contract which had been executed under seal . Much of the law as to seals has small relation in society as now ... Contracts had been made and transactions closed on the faith of the law as it had been theretofore declared . Men had ...
... contract which had been executed under seal . Much of the law as to seals has small relation in society as now ... Contracts had been made and transactions closed on the faith of the law as it had been theretofore declared . Men had ...
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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...