Law: Its Origin, Growth And Function: Being a Course of Lectures Prepared for Delivery Before the Law School of Harvard University
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If, without scrutiny, he should arbitrarily assign the case to its right class, he would COTjectly declare the law, but he would not make it.
> Thus far I have accepted the proposition lying at tiie basis of Austin's theory of sovereignty, that which the sovereign permits he commands, as true; / but only for the sake of the argument, and in order to show that the consequences deduced from it do not follow; but is it true in fact?^ Is it true that in every independent human sociefy there is a so...vereign power so absolute as to justify the inference that what it permits it commands ? To make it sure that I am stating the proposition fairly, I give it in the language in which Prof. Maine sets forth the funda- mental position of the Austinian doctrine, namely, that "in every independent community of men there resides the power of acting with irresistible force on the several members of that community.
This may be accepted as actual fact.''^ Prof. Maine here fully commits himself to the assertion of Austin, that in every independent State there is in the • Maine, Early History of Institutions, p.
What to read after Law: Its Origin, Growth And Function: Being a Course of Lectures Prepared for Delivery Before the Law School of Harvard University?
You can find similar books in the "Read Also" column, or choose other free books by James C James Coolidge Carter to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
If, without scrutiny, he should arbitrarily assign the case to its right class, he would COTjectly declare the law, but he would not make it.
> Thus far I have accepted the proposition lying at tiie basis of Austin's theory of sovereignty, that which the sovereign permits he commands, as true; / but only for the sake of the argument, and in order to show that the consequences deduced from it do not follow; but is it true in fact?^ Is it true that in every independent human sociefy there is a so...vereign power so absolute as to justify the inference that what it permits it commands ? To make it sure that I am stating the proposition fairly, I give it in the language in which Prof. Maine sets forth the funda- mental position of the Austinian doctrine, namely, that "in every independent community of men there resides the power of acting with irresistible force on the several members of that community.
This may be accepted as actual fact.''^ Prof. Maine here fully commits himself to the assertion of Austin, that in every independent State there is in the • Maine, Early History of Institutions, p.
What to read after Law: Its Origin, Growth And Function: Being a Course of Lectures Prepared for Delivery Before the Law School of Harvard University?
You can find similar books in the "Read Also" column, or choose other free books by James C James Coolidge Carter to read onlineMoreLess
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