The Austinian Theory of Law: Being an Edition of Lectures I,V, and VI of Austin's "Jurisprudence", and of Austin's "Essay on the Uses of the Study of Jurisprudence", with Critical Notes and ExcursusJ. Murray, 1906 - 383 pages |
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Common terms and phrases
Act of Parliament analogy Austin Austinian authority bound bulk character command conception Constitution corporation courts custom definition deontology determinate body distinction distinguished doctrine enforced English Law evil example Excursus existence expression fact Federal habitual obedience imperative implies imposed independent political society individual International Law judges judicial Jurisprudence jurists jus naturale justice king Law Merchant law or rule law set laws properly legal fiction legal rights legal rules legislative limited mand meaning ment merely monarch nations Natural Law nature object obligations opinion organization original covenant pact Parliament particular party persons political and independent political government political superiors positive law practical principles proper properly so called purpose question reason regard Roman Roman Law sanction signified society political sover sovereign body sovereign government sovereign number sovereign or supreme sovereign powers sovereignty statute student styled subjects subordinate supreme government T. H. Green term law tion Ulpian
Popular passages
Page 88 - Jus naturale est, quod natura omnia animalia docuit: nam jus istud non humani generis proprium, sed omnium animalium, quse in terra, quae in mari nascuntur, avium quoque commune est.
Page 82 - I think I may say, that he who imagines commendation and disgrace not to be strong motives to men, to accommodate themselves to the opinions and rules of those with whom they converse, seems little skilled in the nature or history of mankind...
Page 341 - 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 further than is for the general Good of those under that law.
Page 81 - Thus the measure of what is everywhere called and esteemed virtue and vice is this approbation or dislike, praise or blame, which by a secret and tacit consent establishes itself in the several societies, tribes and clubs of men in the world, whereby several actions come to find credit or disgrace amongst them according to the judgment, maxims or fashions of that place.
Page 229 - To this I reply, The people shall be judge; for who shall be judge whether his trustee or deputy acts well and according to the trust reposed in him, but he who deputes him and must, by having deputed him, have still a power to discard him when he fails in his trust?
Page 134 - The Executive power of the Commonwealth is vested in the Queen, and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
Page 134 - The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia...
Page 96 - Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme.
Page 1 - The whole or a portion of the laws set by God to men is frequently styled the law of nature, or natural law: being, in truth, the only natural law of which it is possible to speak without a metaphor, or without a blending of objects which ought to be distinguished broadly.
Page 98 - It is the union of that positive with this negative mark which renders that certain superior sovereign or supreme, and which renders that given society (including that...