Jurisprudence 4

Front 1

"the history of natural law is a tale of the search of mankind for absolute justice and its failure"

Back 1

Friedmann

Front 2

On Stammler- "he was torn between his desire as a philosopher to establish a universal science of law and his desire as a teacher of civil law to help in the solution of actual cases. The result is an idea of justice which is a hybrid between a formal proposition and a definite social idea, kept abstract and rather vague by the desire to remain formal"

Back 2

Friedmann

Front 3

On realism- "this approach is an attempts to rationalize and modernize the law - both administration of law and the material for legislative change, by utilizing scientific method"

Back 3

Friedmann

Front 4

"law is an expression of the general will affirming an order which will be enforced by the organised might of the state and directed to the realisation of some real or imaginary good"

Back 4

Jethro brown

Front 5

"judges do not have discretion as even in hard cases, there is only one right answer"

Back 5

Dworkin

Front 6

"we can no longer speak of the judge being bound by standards, but must speak rather of what standards he characteristically uses"

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Dworkin

Front 7

"law is rule which man possess not by virtue of any higher principle whatever good, interest or happiness but by virtue and perforce of acts, because they llive in society and can live in society"

Back 7

Duguit

Front 8

"legislator does not create law but merely gives expression to the judicial norm formed by the consciousness of the social group"

Back 8

Duguit

Front 9

"the only right which any man can possess is the right to do his duty"

Back 9

Duguit

Front 10

"man must so act that he does nothing which may injure the social silidarity; he must do all which naturally tends to promote social solidarity"

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Duguit

Front 11

"the state is sovereign, but such sovereignty has its limits. The foundation for and the determination of these limitations are found in the natural rights of the individual anterior to the state"

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Duguit

Front 12

"it is not the intervention which gives the character of a judicial norm to the rule; it would he powerless to prove it if the rule did not already possess it itself. A rule of law exists whenever the mass of individuals understands and admits that a reaction against the violation of the rule can be socially organized"

Back 12

Duguit

Front 13

"at present as well as at any other timr, the centre of gravity of legal development lies not in the legislation, nor in juristic science or judicial decision, but in society itself"

Back 13

Ehlrich

Front 14

"the individual is never actually an isolated indivudal, he is enrolled, placed, embedded, wedged into so many associations that existence outside of those would be unbearable"

Back 14

Ehlrich

Front 15

Book- "the spirit of laws"

Back 15

Montesquieu

Front 16

"laws should be in relation to the climate of each country, to the quality of each soil, to its situation and extent"

Back 16

Montesquieu

Front 17

Book- "principles of sociology"

Back 17

Spencer

Front 18

"law will have no other justification than that gained by it as a maintainer of the conditions to complete life in the associated state"

Back 18

Spencer

Front 19

"it serves to mitigate potential elements of conflict and to oil the machinery of social intercourse. It is only by adherence to a system of rules that systems of social interaction can function without breaking down into overt or chronic covert conflict"

Back 19

Parsons

Front 20

"a law should be uniform. It should be applicable to all places at all times"

Back 20

Kelsen

Front 21

"when we have grasped the unity of state and law, when we have seen that law is precisely that compulsive order which is the state, we shall have acquired a realistic non personificative non anthromorphous view"

Back 21

Kelsen

Front 22

"the attempt to justify law by law is vain, since every state is necessarily a legal state. Law is nothing but an order of human compulsion"

Back 22

Kelsen

Front 23

"liberty is an extra-legal phenomenon, it is the jural opposite of duty"

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Kelsen

Front 24

Books- "the law of possession, the history of roman law in middle ages, the system of modern roman law

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Savigny

Front 25

"law is the rule which determines the sphere within which the existence and activity of each individual may obtain secure and free play"

Back 25

Savigny

Front 26

"law grows with the growth and strengthens with the strength of people and its standard of excellence will generally be found at any given period to be in complete harmony with the prevailing ideas of the best class of citizens"

Back 26

Savigny

Front 27

"law is a product of tines the germ of which like the germ of state, exists in the nature of men as being made from society, and which develops from this germ various forms, according to the environing influences which play upon it"

Back 27

Savigny

Front 28

"law has its source in the general consciousness (volkgeist) of the people"

Back 28

Savigny

Front 29

"law, language, custom, government have no separate existence, there is but one force and power in a people bound together by nature"

Back 29

Savigny

Front 30

"in the earliest times to which authentic history extends, the law will be found to have already attained a fixed character, peculiar to the people, like their language, manners and Constitution. Early development of law is spontaneous, later on it's developed by jurists"

Back 30

Savigny

Front 31

"the relation of law to the general life of the people might be called its political elements, its connection with the juristic science its technical element"

Back 31

Savigny

Front 32

"codification should be preceded by an organic, progressive, scientific study of the law"

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Savigny

Front 33

"the 'reception of roman law' in germany is the greatest and most remarkable action of a common customary law in the beginning of the modern age"

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Savigny

Front 34

"state and law are both evolutionary products of human reason, whereby the non-moral subjective will of the individual is absorbed in the moral collective"

Back 34

Hegel

Front 35

Book- philosophy of right and law

Back 35

Hegel

Front 36

"woe to the political legeslator who aims in his constitution to realise ethical purpose by force, to produce virtuous intuition by legal compulsion"

Back 36

Kant

Front 37

Book- critique of pure reason

Back 37

Kant

Front 38

"the aim of law is freedom and the fundamental process of law is the adjustment of one's freedom to that of every other member of the community"

Back 38

Kant

Front 39

"when the sovereign limits himself to his proper task of maintaining the state as an institution of the administration of justice and interferes with the welfare and happiness of citizens only so far as it is necessary to secure this end, when on the other hand, the citizen is allowed freely to criticize acts of government but never seeks to resist it, then we have the political ideal of state"

Back 39

Kant

Front 40

Book- the law of war and peace

Back 40

Grotius

Front 41

"natural law is the dictate of right reason which points out that an act, according as it is or is not in conformity with rational nature, has in it a quality of moral baseness or moral necessity"

Back 41

Grotius

Front 42

"however bad the ruler may be, it is the duty of the subject to obey him"

Back 42

Grotius

Front 43

"natural law is so immutable that it can't be changed by god himself"

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Grotius

Front 44

"each people had chosen the form of government they considered most suitable for themselves by means of a social contract"

Back 44

Grotius

Front 45

"law is the sstandard of conduct which in consequence of the inner impulse that urges man towards a reasonable form of life, emanates from the whole, and is forced upon the individual"

Back 45

Kohler

Front 46

Book- philosophy of law

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Kohler

Front 47

"let no one bear himself to a second person so that the latter can properly complain that his equity of right has been violated in his case"

Back 47

Pufendorf

Front 48

"the law of nations is originally no other than the law of nature applied to nations"

Back 48

Vattel

Front 49

"natural law is the set of principles of practical reasonableness in ordering human life and human community"

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Finnis

Front 50

"there is not a single rule of law the positive content of which can be fixed a priori"

Back 50

Stammler

Front 51

So long as the courts and legislature are working in harmony it does not matter whether we say that a statute is law brcause the courts recognize or apply it, or that the courts recognise and apply statutes because they are law

Back 51

Salmond