Law and MoralsUniversity of North Carolina Press, 1926 - 144 páginas |
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Términos y frases comunes
analytical jurisprudence analytical jurist application of legal Aristotle Austin basis cepts Chap Cicero civil common law conscience courts Demosthenes distinction doctrine droit naturel eighteenth century element end of law enforce equity ethical custom external Filosofia del diritto Hence historical jurist historical school human ideal idealized ethical individual judge judicial decision juris jurisprudence and ethics jurisprudence to ethics juristic thought Korkunov last century law and morals Law Rev law to morals lawmaking Lect Lectures Legal History legal materials legal order Legal Philosophy legal precepts legal rules legal system legislation logical Lord Mansfield maturity of law metaphysical moral principles moral rules natural law natural-law Neo-Kantian nineteenth century philosophical jurist Philosophy of Law political Pollock positive law Pound reason Rechtslehre Rechtsphilosophie Rechtswissenschaft relation of jurisprudence relation of law Roman law Savigny science of law social control Social-utilitarian stage of legal Stammler statute strict law theory tion transl
Pasajes populares
Página 57 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Página 57 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Página 1 - This law of nature, being coeval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe in all countries, and at all times : no human laws are of any validity, if contrary to this ; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.
Página 91 - BUT one of the first and most leading principles on which the commonwealth and the laws are consecrated, is lest the temporary possessors and life-renters in it, unmindful of what they have received from their ancestors, or of what is due to their posterity, should act as if they were the entire masters ; that they should not think it amongst their rights to cut off the entail, or commit waste on the inheritance, by destroying at their pleasure the whole original fabric of their society...
Página 29 - King said, that he thought the law was founded upon reason, and that he and others had reason, as well as the Judges : to which it was answered by me, thai true it was, that God had endowed His Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects...
Página 57 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Página 29 - ... to which it was answered by me, and true it was, that God had endowed his Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects, are not to be decided by natural reason but by the artificial reason and judgment of law, which law is an art which requires long study and experience, before that a man can attain to the cognizance of...
Página 95 - There is no difficulty in answering this question, on 2 grounds both of reason and of fact. For that some should rule and others be ruled is a thing, not only necessary, but expedient ; from the hour of their birth, some are marked out for subjection, others for rule.
Página 58 - ... he who bargains in a matter of advantage, with a person placing confidence in him, is bound to show, that a reasonable use has been made of that confidence; a rule applying equally to all persons standing in confidential relations with each other.
Página 29 - ... reason is the life of the law, nay the common law itself is nothing else but reason; which is to be understood of an artificial perfection of reason, gotten by long study, observation, and experience, and not of every man's natural reason ; for, Nemo nascitur artifex.