Essays on Some Disputed Questions in Modern International Law
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Essays on Some Disputed Questions in Modern International Law

Essays on Some Disputed Questions in Modern International Law


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: order which is the result of obedience ? Is law to be for us that which superiors command, or that which regulates conduct ? The best exponent of the first of these alternatives is Austin, of the second Hooker. The Benthamite jurist defines law in its widest sense as A rule laid down for the guidance of an intelligent being by an intelligent being having power over him1. The Elizabethan divine starts from the Aristotelian notion of the end or purpose of action, and gradually developes his notion of law in the words, All things that are have some operation not violent or casual. Neither doth anything ever begin to exercise the same, without some preconceived end for which it worketh. And the end it worketh for is not obtained unless the work be also fit to obtain it by. For unto every end every operation will not serve. That which doth assign unto each thing the kind, that which doth moderate the force and power, that which doth appoint the form and measure, of working, the same we term a law. So that no certain end could ever be attained, unless the actions whereby it is attained were regular, that is to say, made suitable, fit and correspondent unto their end, by some canon, rule or law2. Austin invariably writes as if his definition was the only one that had the slightest pretence to accuracy, and the classification founded upon it the sole scientific division of laws into their various kinds. With all his acuteness, he laboured under the same defect as his master, Ben- tham. He could never do justice to, or even understand, views that differed from his own. Hooker shows a far more Catholic spirit when he writes of those who wereAustinians two centuries before Austin: They who thus are accustomed to speak apply the name of law unto that only rule of working which super...


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Product Details
  • ISBN-13: 9780217472999
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 90
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 0217472990
  • Publisher Date: 31 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 177 gr


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