Lectures on Jurisprudence: Or, The Philosophy of Positive Law, Volumen1

J. Murray, 1885

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Página 202 - 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...
Página 175 - 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. Or (changing the expression) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author.
Página 17 - Christianity, from the Birth of Christ to the Abolition of Paganism in the Roman Empire.
Página 208 - Omnes populi, qui legibus et moribus reguntur, partim suo proprio, partim communi omnium hominum jure utuntur. Nam quod quisque populus ipse sibi jus constituit, id ipsius proprium est, vocaturque jus civile ; quasi jus proprium ipsius civitatis. Quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur, vocaturque jus gentium ; quasi quo jure omnes gentes utuntur.
Página 200 - The laws that men generally refer their actions to, to judge of their rectitude, or obliquity, seem to me to be these three. 1. The divine law. 2. The civil law. 3. The law of opinion or reputation, if I may so call it. By the relation they bear to the first of these, men judge whether their actions are sins or duties; by the second, whether they be criminal or innocent; and by the third, whether they be virtues or vices.
Página 201 - For though men uniting into politic societies have resigned up to the public the disposing of all their force, so that they cannot employ it against any fellow-citizens, any farther than the law of the country directs ; yet they retain still the power of thinking well or ill, approving or disapproving of the actions of those whom they live amongst, and converse with : and by this approbation and dislike they establish amongst themselves what they will call virtue and vice.
Página 209 - Les lois, dans la signification la plus etendue, sont les rapports ne'cessaires qui derivent de la nature des choses: et dans ce sens tous les etres ont leurs lois : la Divinite...
Página 218 - ... 1. The bulk of the given society are in a habit of obedience or submission to a determinate and common superior: let that common superior be a certain individual person, or a certain body or aggregate of individual persons. 2. That certain individual, or that certain body of individuals, is not in a habit of obedience to a determinate human superior.
Página 92 - ... the former, and to be incurred by the latter, in case the latter comply not with the wish. 3. An expression or intimation of the wish by words or other signs. It also appears from what has been premised, that command, duty, and sanction are inseparably connected terms: that each embraces the same ideas as the others, though each denotes those ideas in a peculiar order or series. ' A wish conceived by one, and expressed or intimated to another, with an evil to be inflicted and incurred in case...
Página 259 - I believe that the sovereignty of each of the states, and also of the larger state arising from the federal union, resides in the states' governments as forming one aggregate body: meaning by a state's government, not its ordinary legislature, but the body of its citizens which appoints its ordinary legislature, and which, the union apart, is properly sovereign therein.

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