The Paradoxes of Legal ScienceColumbia University Press, 1928 - Počet stran: 142 |
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Strana 8
... gives freer play to considerations of equity and justice , and the value to society of the interests affected / The one searches for the analogy that is nearest in point of similarity , and adheres to it in- flexibly . The other , in ...
... gives freer play to considerations of equity and justice , and the value to society of the interests affected / The one searches for the analogy that is nearest in point of similarity , and adheres to it in- flexibly . The other , in ...
Strana 33
... give a complete enumeration of all the methods in which we operate intentionally with consciously false ideas , or rather judgments . I wanted to reveal the secret life of these extraordin- ary methods . I wanted to give a complete ...
... give a complete enumeration of all the methods in which we operate intentionally with consciously false ideas , or rather judgments . I wanted to reveal the secret life of these extraordin- ary methods . I wanted to give a complete ...
Strana 40
... gives up the expectancy forever . Even so , the buyer may be compelled ( at least in many jurisdictions ) to exhibit an involuntary char- ity and refrain from taking advantage of the neces- sities of the seller . " One who is in lawful ...
... gives up the expectancy forever . Even so , the buyer may be compelled ( at least in many jurisdictions ) to exhibit an involuntary char- ity and refrain from taking advantage of the neces- sities of the seller . " One who is in lawful ...
Strana 44
... give rise to any right . I think it will be found that this distinction exactly coincides with that which exists ... gives when it confers a proprietary or other legal right . Whether the injustice consists in depriv- ing a person of a ...
... give rise to any right . I think it will be found that this distinction exactly coincides with that which exists ... gives when it confers a proprietary or other legal right . Whether the injustice consists in depriv- ing a person of a ...
Strana 45
... give alms to the indi- gent . On occasion , none the less , it will impose re- straints upon power taking advantage of necessity . The law will not enforce a duty of kindness to a neighbor . It will enforce a duty of kindness to wife or ...
... give alms to the indi- gent . On occasion , none the less , it will impose re- straints upon power taking advantage of necessity . The law will not enforce a duty of kindness to a neighbor . It will enforce a duty of kindness to wife or ...
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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...