Jurisprudence 3

Front 1

Book- Introduction to jurisprudence

Back 1

Lloyd

Front 2

"the realists have done good work in emphasising both the essentially flexible attitude of the judiciary towards developing precedent, even within the four corners of a rigid doctrine of precedent and the operation of concealed factors in judicial lawmaking"

Back 2

Lloyd

Front 3

"the purpose of government and law is to uphold and protect the natural rights of man"

Back 3

Locke

Front 4

"in the state of nature, no one was supposed to harm another in life, health, liberty or possessions. For men being all the workmanship of one omnipotent and infinitely wise maker, all the servants of one sovereign master, sent in to the world by his order and about his business"

Back 4

Lockr

Front 5

"time has come to reunite jurisprudence. Jurisprudence should be adequate in that sense that it will combine positivist, naturalist and sociological study. The result will be integrative jurisprudence"

Back 5

Hall

Front 6

"justice is realised only through good law"

Back 6

Morris

Front 7

"law has to be justified morally, socially and technically"

Back 7

Morris

Front 8

"law does not just fade away, but goes out with a bang"

Back 8

Fuller

Front 9

"man by nature never thinks, and he who thinks is a corrupt creature"

Back 9

Rousseau

Front 10

On social contract- "since each gives himself up to all, he gives himself up to no one; and as there is acquired over every associate the same right that is given up himself, there is gained the equivalent of what is lost, with greater power to preserve what is left"

Back 10

Rousseau

Front 11

"a law is a resolution of the whole people for the whole people, touching a matter that concerns all"

Back 11

Rousseau

Front 12

"Englishmen were free only during the election days and after that they were enslaved and count for nothing"

Back 12

Rousseau

Front 13

"the larger the state, the less the liberty"

Back 13

Rousseau

Front 14

"the law of nature being coeval with mankind and dictated by god himself is of course, superior in obligation to any other. It is binding over all the globe, in all countries and at all times"

Back 14

Blackstone

Front 15

On universal law- "it's no better than medical treatment should be the same for all patients"

Back 15

Ihering

Front 16

"a legal rule without coercion is a fire which does not burn, a light that does not shine"

Back 16

Ihering

Front 17

"law is the guarantee of the conditions of life of society, assured by the state's power of constraint. It is the result of constant struggle to attain peace and order"

Back 17

Ihering

Front 18

"the birth of law, like that of men, has been uniformly attended by the violent thores of childbirth"

Back 18

Ihering

Front 19

Book- law as a means to an end

Back 19

Ihering

Front 20

"purpose is the creator of the entire law. The real force that moves human will is interest"

Back 20

Ihering

Front 21

"the highest principle of classification from the Philosophical point of view is that in addition to the individual and the state, society must also be recognized as a subject"

Back 21

Ihering

Front 22

"law is an assemblage of signs declarative of a volition conceived or adopted by the sovereign in a state, concerning the conduct to be observed in a certain case by a certain person or class of persons, who in the case in question are or are supposed to be subject to his power"

Back 22

Bentham

Front 23

The end of legislation is the 'greatest happiness of the greatest number'

Back 23

Benthan

Front 24

"aim of the legislation is only to remove the shackles from the individual's freedom aand provide him opportunities for his self progress"

Back 24

Bentham

Front 25

Book- 'limits of jurisprudence', 'introduction to principles of morals and legislation'

Back 25

Bentham

Front 26

"the business of the ordinary sort of law is to prescribe to the people what they shall do: the business of transcendent class of laws is to prescribe to the sovereign what they shall do"

Back 26

Bentham

Front 27

"the individuality of a law results from tge integrity and the unity of it laid together. The unity of law will depend upon the unity of the species of the act which is object to it"

Back 27

Bentham

Front 28

On natural law- "simple nonsense, natural and imprescriptable rights; rhetorical nonsense, nonsense upon slits"

Back 28

Bentham

Front 29

"absolute equality is absolutely impossible"

Back 29

Bentham

Front 30

"the law of nature was deduced from the nature of man as it reveals itself in the basic inclinations if that nature under the control of reason"

Back 30

Dabin

Front 31

On Austin-"but the demonstration if precisely where and why he is wrong has proved to be constant source of illumination"

Back 31

Hart

Front 32

Book- "the concept of law"

Back 32

Hart

Front 33

"where there is law, there human conduct is made in some sense non-optional or obligatory"

Back 33

Hart

Front 34

"law depends not only on external social pressures but also on the inner point of view that human beings take towards a rule imposing an obligation"

Back 34

Hart

Front 35

"there are therefore two minimum conditions necessary for the existence of a legal system, the rules of behavior and the rules of recognition"

Back 35

Hart

Front 36

On international law- "there is no basic rule providing general criteria of validity for the rules of international law, and that the rules which are in fact operative constitute not a system, but a set of rules"

Back 36

Hart

Front 37

On international law- "the basic norm is, states should behave as they have customarily behaved"

Back 37

Hart

Front 38

On Fuller- "his ideals are unfortunately compatible with great inequality"

Back 38

Hart

Front 39

On Austin- "his works are indispensable, if for no other object, then for clearing the head"

Back 39

Maine

Front 40

Books- early history of institutions, dissertations on early law and custom

Back 40

Maine

Front 41

"the movement of the progressive societies has hitherto been a movement from status to contract"

Back 41

Maine

Front 42

"my theory is not meant to apply to personal conditions imposed otherwise than by natural capacity"

Back 42

Maine

Front 43

On Maine- "he blazed a scientific trail into the field of law, a field hitherto dominated by philosophizing and speculative thought"

Back 43

Pospisil

Front 44

"the historical school had opened the way; it remained glued to the spot, incapable of using the instrument of evolution and practice which it had just proclaimed. The reason was that it had in advance clipped its wings and disarmed itself by declaring that it could not scientifically exert an influence on the development of the phenomena of law; it could merely wait, register, and observe."

Back 44

Saleilles

Front 45

"the analytical lawyer is a positivist. He is not concerned with ideals; he takes the law as a given matter created by the state whose authority he does not question"

Back 45

Friedmann

Front 46

Book- legal theory

Back 46

Friedmann

Front 47

On Ihering- "he prepared the more elastic legal technique required to meet new and challenging legal problems by his fight against the jurisprudence of concepts"

Back 47

Friedmann

Front 48

On Ehlrich- "his sociology of law is always on the point of becoming a necessarily sketchy, general sociology"

Back 48

Friedmann

Front 49

On pure theory- "the fact that the ultimate authority in any given legal order may be a composite one, as in the USA or great britain, does not alter the fact that such an ultimate authority must exist"

Back 49

Friedmann

Front 50

On Kelsen- "the merciless way in which Kelsen has uncovered the political ideology hidden in the theories which profess to state objective truth has had a very wholesone effect on the whole field of legal theory. The chief merit of his theory would seems to lie in the elucidation if the relation between the initial hypothesis and the totality of legal relations derived from it"

Back 50

Friedmann