The Science of Law And Lawmaking
The Science of Law And Lawmaking
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In our eReader you can find the full English version of the book. Read The Science of Law And Lawmaking Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Science of Law And Lawmaking
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These are the attri- butes, the data with which it deals and whereby it classi- fies the subject-matter investigated under one head or another. From such data the common law, as a science, classifies these organisms, and decides each case according to the principles of right reason established in the com- munity. In other words, the common law is a concrete science of applied ethics, and is a purely inductive science developed from the application of human reason to social facts.
It happens tha...t the reverse is true of a statute, and hence of a code system. The statute does not deal with facts as they occur in daily life, but with abstractions from those facts. The rule of the statute is applied or not, according to the presence or absence of a few gener- alized facts, which never in themselves constitute the whole of any combination of facts which the rule is called upon to decide in a special case. And what is true of a statute in this case is especially true of a code.
The code introduces iuto a legal system an entirely new and novel factor.
What to read after The Science of Law And Lawmaking?
You can find similar books in the "Read Also" column, or choose other free books by Clarke, R. Floyd (Richard Floyd), 1859-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
These are the attri- butes, the data with which it deals and whereby it classi- fies the subject-matter investigated under one head or another. From such data the common law, as a science, classifies these organisms, and decides each case according to the principles of right reason established in the com- munity. In other words, the common law is a concrete science of applied ethics, and is a purely inductive science developed from the application of human reason to social facts.
It happens tha...t the reverse is true of a statute, and hence of a code system. The statute does not deal with facts as they occur in daily life, but with abstractions from those facts. The rule of the statute is applied or not, according to the presence or absence of a few gener- alized facts, which never in themselves constitute the whole of any combination of facts which the rule is called upon to decide in a special case. And what is true of a statute in this case is especially true of a code.
The code introduces iuto a legal system an entirely new and novel factor.
What to read after The Science of Law And Lawmaking?
You can find similar books in the "Read Also" column, or choose other free books by Clarke, R. Floyd (Richard Floyd), 1859-1921 to read onlineMoreLess
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