A First Book of Jurisprudence for students of the common law |
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A First Book of Jurisprudence for Students of the Common Law Frederick Pollock No preview available - 2018 |
A First Book of Jurisprudence for Students of the Common Law Frederick Pollock No preview available - 2015 |
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administered apply artificial person authority belong binding called certainty character citizens civilised claim Common Law commonwealth conceived consequences consequences of disobedience consider contents contract convenience corporeal things courts of justice criminal custom deal definite determined dipsomania distinct droit duties and rights enforced English law ethical example exercise existence external F. W. Maitland fact Grimm's Law hand Hence human action individual interest judgment judicial jurisdiction jurisprudence kind law of nature laws of cricket lawyers legal duty legal rules less liability matter means ment merely moral rules motive negative duties observed owner particular parties political possible practical principles private law procedure public law purpose question reasons Recht recognised redress regard relations Roman law rules of law sanction seems sense society speak subject-matter supreme system of law term tion TUDOR PERIOD usage whole word wrong
Popular passages
Page 48 - LJ, rejected the alleged distinction between "practice" and "procedure," and stated as follows: "'practice,' in its larger sense— the sense in which it was obviously used in that Act, like 'procedure' which is used in the Judicature Acts, denotes the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or defines the right, and which by means of the proceeding the court is to administer the machinery as distinguished from its product.
Page 16 - ... it. Respect of persons is incompatible with justice. Law which is the same for Peter and for John must be administered to John and to Peter evenly. The judge is not free to show favour to Peter and disfavour to John. As the maxim has it, equality is equity.1 So much is obvious and needs no further exposition.
Page 78 - O> in systems which admit the extinction of property, is the mere potentiality of possession or ownership to come, whether the thing itself be buried treasure or a worthless tin pot. There is a legal vacuum till the act of an occupier or finder restores the thing, so to speak, to the world of legal reality. Hence, if we find in a particular system of law rules which are astute even to refinement to prevent this state of vacuum, there is no reason to treat such an endeavour as absurd. In fact the...
Page 7 - All these causes have made it possible and even plausible to regard law not only as being embodied in the commands of a political sovereign, but as consisting of such commands and being nothing else. They have not altered the fundamental facts of human society ; and the merely imperative theory of legal institutions remains as one-sided and unphilosophical as it was before. Law is enforced by the State because it is law ; it is not law merely because the State enforces it.
Page 69 - ... the life protected by the clauses is human life. It follows then that the individual possessing that biological force known as human life, a human being, is the object of the amendments
Page 24 - Rut, though much ground is common to both, the subject-matter of Law and of Ethics is not the same. The field of legal rules of conduct does not coincide with that of moral rules, and is not included in it; and the purposes for which they exist are distinct.
Page 4 - No tolerably prepared candidate in an English or American law school will hesitate to define an estate in fee simple; on the other hand, the greater a lawyer's opportunities of knowledge have been, and the more time he has given to the study of legal principles, the greater will be his hesitation in face of the apparently simple question, What is Law?
Page 11 - ... not the particular opinion of this or that citizen. Further, some conflict between legal and moral justice can hardly be avoided, for morality and law cannot move at exactly the same rate. Still, in a well-ordered State such conflict is exceptional and seldom acute. Legal justice aims at realising moral justice within its range, and its strength largely consists in the general feeling that this is so. Were the legal formulation of right permanently estranged from the moral judgment of good citizens,...
Page 2 - If we look away from such elaborated systems as those of the later Roman Empire and of modern Western governments, we see that not only law but law with a great deal of formality, has existed before the state had any adequate means of compelling its observance — and indeed before there was any regular process of enforcement at all.
Page 56 - It will be seen therefore that the topics of public and private law are by no means mutually exclusive. On the contrary their application overlaps with regard to a large proportion of the whole mass of acts and events capable of having legal consequences.