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57 Cards in this Set
- Front
- Back
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Ulpain |
On jurisprudence – “The knowledge of things divine and human, the science of right and wrong; the art of science of what is equitable and good”. |
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On jurisprudence – “The knowledge of things divine and human, the science of right and wrong; the art of science of what is equitable and good”. |
Ulpain |
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On Jurisprudence – “The law is not to be deduced from the rule, but the rule from the law”. |
Paulus |
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“Natural justice has the same force everywhere and does not exist by the people thinking this or that” |
Aristotle |
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“Law is an ordinance of reason for the common good made by him who has the care of the community and promulgated”. |
Thomas Acquinas |
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“The natural law is nothing else but a participation of the eternal law in a rational course.” |
Thomas Aquinas |
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Book – ‘Elementiae Philosophiea’, De cive, The Leviathan |
Thomas Hobbes |
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Hobbes |
“In state of nature men live without a common power to keep them all in awe, they are in that condition which is called war and such a war as is of every man against every man”. |
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“The obligation of subjects to the sovereign is understood to last as long and no longer than the power lasts by which he is able to protect them”. |
Hobbes |
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“Governments without sword are but words, and of no strength to secure a man at all” |
Hobbes |
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“A law of nature (lex naturalis) is a precept or general rule found out by reason, by which man is forbidden to do that which is destructive of life, or takes away the means of preserving the same and to omit that by which he thinks it may be best preserved”. |
Hobbes |
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“Man should be content with so much liberty against other men as he would allow to others against himself”. |
Hobbes |
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“It is men and arms that make the force and power of the law”. |
Hobbes |
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Book – ‘Province of Jurisprudence |
Austin |
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On Jurisprudence – ‘Laws strictly so called, without regard to their goodness or badness’ |
Austin |
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“Law is the aggregate of rule or command set by men as politically superior, or sovereign, to men as politically subject; command implies sovereignty, duty and sanction”. |
Austin |
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“The so called law of nations consists of opinions or sentiments current among nations generally. It therefore, is not law properly so called.” |
Austin |
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On sovereignty – “If a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign”. |
Austin |
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“Jurisprudence is the formal science of positive law”. |
Holland |
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“The ever renewed complexity of human relations calls for an increasing complexity of legal details, till a merely empirical knowledge of law becomes impossible” |
Holland |
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“A law, in the proper sense of the terms is, therefore, a general rule of human action, taking cognizance only of external acts, enforced by determinate authority. All other rules for the guidance of human action are laws merely by analogy”. |
Holland |
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“Jurisprudence is no more a formal science than physiology” |
Gray |
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“The relation of jurisprudence to law depends not upon what law is treated but how law is treated”. |
Gray |
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“Jurisprudence is the science of law, the statement and systematic arrangements of the rules followed by the courts and the principles involved in those rules”. |
Gray |
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On Austin – “If he went too far in considering the law as always proceeding from the state, he conferred a great benefit on jurisprudence by bringing out clearly that the law is at the mercy of the state”. |
Gray |
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“Law is what has been laid down as a rule of conduct by the persons acting as judicial organs of the state” |
Gray |
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Law is what the judges declare |
Gray |
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“To find the truth of law, we must look at law in action, as opposed to the doctrinal analysis of law in books. |
Gray |
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Theory is the most important part of the dogma of law”. |
Gray |
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“Law is a statement of the circumstances in which the public force will be brought to bear upon men through courts. The prophesies of what the courts will do in fact, and nothing more pretentious are what is meant by law”. |
Holmes |
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“Law is what the court has decided in respect of any particular set of facts. Prior to such a decision, the opinion of lawyers is only a guess as to what the courts will decide and this cannot be treated as law unless the court so decides by its judicial pronouncement. Certainty of law is a legal myth.” |
Frank |
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“Realism has contributed in parts to the liberation of judges from enslavement and exhorted them to take into consideration the ground realities of social facts while deciding the cases on unduly rigid legal concepts” |
Frank |
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Book – Law and the Modern Mind |
Frank |
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“Rights is a hollow word. Right connotes a multitude of other ideas relating to behaviour patterns, not only for the possessor of the right, but also of other persons.” |
Olivercrona |
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“Law is nothing but a set of social facts”. |
Olivercrona |
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“Law certainly cannot be a projection of some innate moral convictions in the child or adolescent, since it existed long before he was born. When he grows up and becomes acquainted with the conditions of life, he is subjected to its influence.” |
Olivercrona |
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Book – Legal thinking revised |
Lundstedt |
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“Law is nothing but the very life of mankind in organised groups and the foundations which make possible peaceful co-existence of masses of individuals and social groups and the cooperation for other ends than mere existence and propagation. The feelings of justice are guided and directed by the laws”. |
Lundstedt |
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‘The method of social welfare’ is a guiding motive for legal activity |
Lundstedt |
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“Criminal law exists not so much to deter criminals but to foster the moral instincts against crime and it does this by the regular enforcement of sanctions. This is a ridiculous idea”. |
Lundstedt |
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Jurisprudence is the science of law (first principles of civil law)” |
Salmond |
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“Law consists of the rules recognized and applied by the state in the administration of justice”. |
Salmond |
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“That branch of legal philosophy which is termed historical jurisprudence is the general portion of legal history. It deal, in the first place, with the general principles governing the origin and development of law, and with the influences that affect the law”. |
Salmond |
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Philosophical jurisprudence is the common ground of moral and legal philosophy, of ethics and jurisprudence”. |
Salmond |
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“Historical jurisprudence deals with law as it appears in its various forms at tis several stages of development. It holds fast the thread which binds together the modern and the primitive conception of law, and seeks through all the tangled mazes which separate the two, the line of connection between them" |
G.G Lee |
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Criticising Gray – “Gray has failed to determine any province of jurisprudence, rather he has reduced jurisprudence to merely a matter of arrangement of rules”. |
Julius stone |
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“Jurisprudence is the lawyer’s extraversion”. |
Julius stone |
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“Analytical jurisprudence deter and define the terms actually employed to state the axioms actually employed”. |
Julius stone |
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On Ihering – “He had drunk deeply from the orthodox 19th century juristic springs. When he attacked his former teachers, he did so in terms which they could not but understand” |
Julius stone |
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“What is needed is a framework of thought receptive of social data which will allow us to see the ‘social system’ as an integrated equilibration of the multitude of operative systems of value and institutions embraced within it”. |
Julius stone |
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“The sociological jurist of the future will generally have to approach his problems through a vast effort at understanding the wider social context”. |
Julius stone |
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On pure theory – “The social effects and questions of justice excluded, though from all the side-doors and backdoors of his pyramid of norms, the front door is wide open to both” |
Julius stone |
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On pure theory – “It is difficult to see what pure theory of law contributes to a system which it assumes to be law, but which it derives from a basic norm which it cannot find. Since that basic norm itself is obviously most impure, the very purity of the subsequent operations must reproduce that original impurity in the inferior norm; we are invited to forget the illegitimacy of the ancestor in admiration of the pure blue-blood of the progeny”. |
Julius stone |
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“Realist movement is a gloss on the sociological approach” |
Julius stone |
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Which jurist |
Julius stone |
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Law is a particular way of achieving social order by guiding human behavior according to the rules. |
Lon fuller |
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Eight principles of legality- 'Internal morality of Law' |
Lon Fuller |
