 | Jeremy Bentham - 1821 - 292 páginas
...particular— -fiction is a wart, which here and there deforms the face of justice : in English law, fiction is a syphilis, which runs in every vein, and carries...preserve the old: and as the resisting strength of thg public mind increases, the difficulty cannot but increase. But if the stock already in existence... | |
 | Jeremy Bentham - 1843 - 624 páginas
...particular — fiction is a mirl, which here and there deforms the face of justice: in English \tivr, fiction it a syphilis, which runs in every vein, and...increase. But if the stock already in existence be in any degree greater than what is desirable, and especially if among them there be any of so hardy... | |
 | Jeremy Bentham - 1843 - 636 páginas
...— fiction is a war I. which here and there deforms the face of justice: in English \xvr, fiction is a syphilis, which runs in every vein, and carries...increase. But if the stock already in existence be in any degree greater than what is desirable, and especially if among them there be any of so hardy... | |
 | Bhikhu C. Parekh - 1993 - 1112 páginas
...— fiction is a wart which here and there deforms the face of justice: in English law, fiction is a syphilis, which runs in every vein and carries into...every part of the system the principle of rottenness" ( Works, V, 92). In order to understand Bentham's attack on this "syphilis" of English law, we need... | |
 | Louise Harmon - 1999 - 270 páginas
...of every instrument it comes near,"68 In another work, Bentham writes, "in English law, fiction is a syphilis, which runs in every vein, and carries into every part of the system the principle of rottenness."69 Bentham particularly loathed the legal fiction because of its ability to make hidden... | |
 | Ruth F. Chadwick, Doris Schroeder - 2002 - 376 páginas
...fictions. Bentham offers the characteristically trenchant observation that In English law, fiction is a syphilis, which runs in every vein, and carries...every part of the system the principle of rottenness . . . Fiction of use to justice? Exactly as swindling is to trade ... It affords presumptive and conclusive... | |
 | Harold Joseph Berman - 2009 - 548 páginas
...in The Works of Jeremy Bentham, vol. 5, ed. J. Bowring (1843), pp. 92 ("In English law, fiction is a syphilis, which runs in every vein, and carries...part of the system the principle of rottenness"). 23. See Lon L. Fuller, Legal Fictions (Stanford, 1967), pp. 63-65. Owen Barfield, English lawyer and... | |
 | Leslie Stephen - 2006 - 348 páginas
...here and there disfigures the face of justice. In English law fiction is a syphilis which runs into every vein and carries into every part of the system the principle of rottenness.' * The evils denounced by Bentham were monstrous. The completeness of the exposure was his great merit... | |
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... conversation :" Lying, he might have said without any such hyperbola, lying and nonsense compose the groundwork of English judicature. In Rome-bred law in general — in the Scotch edition of it in particular — fiction is a war I. 