Practical Jurisprudence : a Comment On Austin
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pp. 121, 122. ^^ Blackstone Comm. 4. 5. p. 68.
36 lb. pp. 67. 68.
184 LAW AS BETWEEN STATES.
third head. The other two we must, with all respect, treat as inefficient for the guidance of large masses of men^'. In practical politics, we look, for the source of International Law, solely to the consent or comparatively unanimous conduct of nations: for its sanction, to the general avoidance and distrust which will certainly be incurred, and to particular acts of unfriendship or hostility which may... possibly be incurred, by a breach of its rules. And in the actual, observed, effect of this sanction most practical men will continue to see a good reason for regarding these rules as law, and calling them by that name.
Austin on International Law. The rules generally called International Law are, according to Austin, not imper- ative, as not set by a determinate body; but are merely im- posed by the general opinion of a society formed of various nations'^ Hence they are not law "properly so called," and they are of course not "positive law" because not set by a given sovereign to a person or persons in a state of subjection to the author of the law'".
What to read after Practical Jurisprudence : a Comment On Austin?
You can find similar books in the "Read Also" column, or choose other free books by Clark, E. C. (Edwin Charles), 1835-1917 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
pp. 121, 122. ^^ Blackstone Comm. 4. 5. p. 68.
36 lb. pp. 67. 68.
184 LAW AS BETWEEN STATES.
third head. The other two we must, with all respect, treat as inefficient for the guidance of large masses of men^'. In practical politics, we look, for the source of International Law, solely to the consent or comparatively unanimous conduct of nations: for its sanction, to the general avoidance and distrust which will certainly be incurred, and to particular acts of unfriendship or hostility which may... possibly be incurred, by a breach of its rules. And in the actual, observed, effect of this sanction most practical men will continue to see a good reason for regarding these rules as law, and calling them by that name.
Austin on International Law. The rules generally called International Law are, according to Austin, not imper- ative, as not set by a determinate body; but are merely im- posed by the general opinion of a society formed of various nations'^ Hence they are not law "properly so called," and they are of course not "positive law" because not set by a given sovereign to a person or persons in a state of subjection to the author of the law'".
What to read after Practical Jurisprudence : a Comment On Austin?
You can find similar books in the "Read Also" column, or choose other free books by Clark, E. C. (Edwin Charles), 1835-1917 to read onlineMoreLess
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