Justice and the modern law

Paperback | February 7, 2012

byEverett Vergnies Abbot

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1913 Excerpt: ... JUSTICE AND THE MODERN LAW CHAPTER I THE ETHICAL PRINCIPLES OF THE LAW That in the last analysis legal obligation rests upon ethical obligation has not been, and cannot be, successfully denied. All men, including even those who try to deny it, instinctively demand that the law be "just," and in the insistent demand for "justice" lies an explicit and constant repudiation of the notion that the law can be divorced from ethics: justice is only the application of ethics to human affairs. It is perhaps worth while to pause long enough to analyze the error into which they have fallen who believe that law can be separated from ethics. Austin defines the law as the command of a political superior, that is, the sovereign, to a political inferior, that is, the subject;1 and his definition embodies that usual conception which forbids us to seek any reason for the law behind the law itself. This theory, however, resembles the somewhat similar theory of an original state 1 Austin on Jurisprudence (5 ed.), 83, 86. of nature propounded by the French Encyclopaedists in that, however attractive it may be as theory, it is not justified as history, because, except in a comparatively small number of instances, the requirements of the law are ascertained and declared long before any command issues from the sovereign. Let us assume a case of first impression, that is to say, a case for which there is no precedent and no statute, arising at common law. How is the law ascertained and applied? In the first place, we have argument by interested advocates about the principles involved. In the next place, we have a determination by disinterested judges of the principles as to which the advocates have been arguing. In the third place, and finally, we have a command by the sovereign in ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1913 Excerpt: ... JUSTICE AND THE MODERN LAW CHAPTER I THE ETHICAL PRINCIPLES OF THE LAW That in the last analysis legal obligation rests upon eth...

Format:PaperbackDimensions:72 pages, 9.69 × 7.44 × 0.15 inPublished:February 7, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217963838

ISBN - 13:9780217963831

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