The end of Jurisprudence, viz. the Protection of Rights.—Importance of the Inquiry, as involving Human Happiness.—Confusion in the vulgar uses of the word Right.
A spiritual order, like that of the Roman Catholic Church, which does not propagate itself in direct descendants, may, under the favour of the State, possess lands with subjects attached to them, and may constitute a spiritual corporation called the Church. To this corporation the laity may, for the salvation of their souls, bequeath or give lands which are to be the property of the Church. The Roman Clergy have thus in fact acquired possessions which have been legally transmitted from one age to another, and which have been formally confirmed by Papal Bulls. Now, can it be admitted that this relation of the clergy to the laity may be annulled by the supreme power of the secular State; and would not this amount to taking violently from them what was their own, as has been attempted, for example, by the unbelievers of the French Republic?
The names lex, and jus, that is to say, law and right, are often confounded; and yet scarce are there any two words of more contrary signification. For right is that liberty which law leaveth us; and laws those restraints by which we agree mutually to abridge one another's liberty. Law and right therefore are no less different than restraint and liberty, which are contrary; and whatsoever a man doth that liveth in a commonwealth, jure, he doth it jure civili, jure naturae, and jure divino.
Meaning of Positivism-Analytical positivism of Bentham and Austin-Kelsen's Pure Theory of Law-Hart's Concept of Law-Dworkin's criticism-Hart-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State.
American democracy is based upon the belief that man, as a child of God, is capable of self-perfection; that he is therefore endowed with certain sacred rights; and that government is instituted of man to protect these rights and to free him that he may attain the destiny that is his. It is man's quest for liberation—physical, mental and spiritual— not only from the bondage of oppression, but from the human weaknesses of hatred, greed and fear. It is his quest for self-fulfillment, born of the conviction that every individual has some contribution to make to the enrichment of life, and that the progress of human civilization and culture lies in the release of the creative of men.
The Crowd is Untruth Soren Kierkegaard On the Dedication to "That Single Individual" [Note 1] Translated by Charles K. Bellinger My dear, accept this dedication; it is given over, as it were, blindfolded, but therefore undisturbed by any consideration, in sincerity.…
An imaginary conversation on oratory, pleading, advocacy and counselling by Roman Historian Tacitus Date: 43 BCE I You often ask me, Justus Fabius, how it is that while the genius and the fame of so many distinguished orators have shed…
AMERICAN JURISPRUDENCE THROUGH ENGLISH EYES: THE NIGHTMARE AND THE NOBLE DREAM Date: 09/01/1977 H. L.A. Hart Brasenose College, Oxford University It is with some sense of audacity that I venture to address an American audience on the theme of American…
Our chief agency of lawmaking is judicial empiricism-the judicial search for the workable legal precept, for the principle which is fruitful of good results in giving satisfactory grounds of decision of actual causes, for the legal conception into which the facts of actual controversies may be fitted with results that accord with justice between the parties to concrete litigation. It is a process of trial . and error with all the advantages and disadvantages of such a process.
On Freedom "I Am Prepared to Die" Nelson Mandela's Statement from the Dock at the Opening of the Defence Case in the Rivonia Trial Pretoria Supreme Court, 20 April 1964 I am the First Accused. I hold a Bachelor's…
The Marxist doctrine is omnipotent because it is true. It is comprehensive and harmonious, and provides men with an integral world outlook irreconcilable with any form of superstition, reaction, or defence of bourgeois oppression. It is the legitimate successor to the best that man produced in the nineteenth century, as represented by German philosophy, English political economy and French socialism.
General Divisions of Learning into History, Poetry, and Philosophy, in relation to the Three Faculties of the Mind—Memory, Imagination, and Reason. The same Distribution applies to Theology
NOSTRA AETATE-Thus in Hinduism, men contemplate the divine mystery and express it through an inexhaustible abundance of myths and through searching philosophical inquiry. They seek freedom from the anguish of our human condition either through ascetical practices or profound meditation or a flight to God with love and trust.
Between 1871 and 1893 these two forces, the German-trained physicians and ascendance of the university, acted to produce a profound change in American medical education at four universities: Harvard, Pennsylvania, Michigan, and Johns Hopkins.
The Muslim demand for the creation of a Muslim India within India is, therefore, perfectly justified. The resolution of the All-Parties Muslim Conference at Delhi is, to my mind, wholly inspired by this noble ideal of a harmonious whole which, instead of stifling the respective individualities of its component wholes, affords them chances of fully working out the possibilities that may be latent in them. And I have no doubt that this House will emphatically endorse the Muslim demands embodied in this resolution.