Elements of Right And of the Law. to Which is Added a Historical And Critical Essay Upon the Several Theories of Jurisprudence
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To quickly assess the difficulty of the text, read a short excerpt:
§ 464. To this end, it is necessary to revert to the distinction between rights in personam and in rem; the essential distinction between which is that the former avail or operate against some particular per- Jew his pound of fle.sh (Struggle for Right). And indeed it must be admitted that sounder reasons might have been given for her judgment. It is absurd, however, to assert that Shylock had a right to -what he demanded; and the judgment though based on insuffi- cient reasoning, was obviously... correct.
Indeed this seems to be the chief point of V. Ihering's objection; but surely the main point is to have the conclusion right; and if one's premises are wrong, it is better to be illogical.
AND OP THE LAW. 313 son or persons, while the latter do not, but avail only against the world generally. In either case, as we have explained, the essence of the right consists in the jural relation existing between the owner of the right and some other person or persons ; viz., in the case of a right in personam, the relation of obligation upon the particular person or persons subject to the right; and in the case of a right in rem, the relation of duty upon third persons generally not to interfere with the free action of the owner of the right with reference to its object.
What to read after Elements of Right And of the Law. to Which is Added a Historical And Critical Essay Upon the Several Theories of Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by George H George Hugh Smith to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
§ 464. To this end, it is necessary to revert to the distinction between rights in personam and in rem; the essential distinction between which is that the former avail or operate against some particular per- Jew his pound of fle.sh (Struggle for Right). And indeed it must be admitted that sounder reasons might have been given for her judgment. It is absurd, however, to assert that Shylock had a right to -what he demanded; and the judgment though based on insuffi- cient reasoning, was obviously... correct.
Indeed this seems to be the chief point of V. Ihering's objection; but surely the main point is to have the conclusion right; and if one's premises are wrong, it is better to be illogical.
AND OP THE LAW. 313 son or persons, while the latter do not, but avail only against the world generally. In either case, as we have explained, the essence of the right consists in the jural relation existing between the owner of the right and some other person or persons ; viz., in the case of a right in personam, the relation of obligation upon the particular person or persons subject to the right; and in the case of a right in rem, the relation of duty upon third persons generally not to interfere with the free action of the owner of the right with reference to its object.
What to read after Elements of Right And of the Law. to Which is Added a Historical And Critical Essay Upon the Several Theories of Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by George H George Hugh Smith to read onlineMoreLess
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