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Home > Law > Jurisprudence and general issues > The Data of Jurisprudence
The Data of Jurisprudence

The Data of Jurisprudence


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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. 1903. Excerpt: ... ploughs and agricultural implements. But he goes further by identifying the Divine reason with eternal purposes of God, so that if we assume that God is perfectly good and allwise, we may assume that what we know or think to be his laws are good, though we do not know the reason or purpose of them. Probably Hooker would deal with the Divine laws as with merely human ones, which did not contradict the law of Nature, of Reason, or of God--defer to them because they are enacted. The order of society is a good end in itself.--(Works, i. 166, 273, 284, 399, fee.)1 SECT. XIII.--CONFLICTS OF IDEALS. The universe may be regarded from one point of view as a system of conflicting forces. All the relations of men involve conflict, and when men become conscious of these relations the result is a conflict of interests. They call their interests rights, that is to say they expressly or impliedly ask society to approve of the enforcement of their claims, or to give active assistance in such enforcement, whereupon society interferes to settle or prevent these collisions by means of laws. The systems of law set up by different societies come into collision, and these collisions are in turn dealt with by wider general laws--jurisprudence (in the French sense), international law, and general theories of justice. But law is not merely the resultant of the collision of material interests; there is no jural parallelogram of forces. There is a something involved in the facts of a case, yet not in them--a something added by the person who attempts to judge. We have seen that the person of the judge involves in point of fact a new physical element, because he has new interests, social and individual. It is this something which we have dealt with as justice, equity, morality, and ...


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Product Details
  • ISBN-13: 9781150130175
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 162
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 1150130172
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 299 gr


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