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Home > Law > Jurisprudence and general issues > Law, Its Origin, Growth and Function; Being a Course of Lectures Prepared for Delivery Before the Law School of Harvard University
Law, Its Origin, Growth and Function; Being a Course of Lectures Prepared for Delivery Before the Law School of Harvard University

Law, Its Origin, Growth and Function; Being a Course of Lectures Prepared for Delivery Before the Law School of Harvard University


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About the Book

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. 1907 Excerpt: ...whatever it chose to enforce must be taken to be its command. His definition of law thus became "the speech of him who by right commands somewhat to be done or omitted." Nor did Jeremy Bentham, the next distinguished supporter of the theory, find his way to its adoption by a scientific inquiry into the nature of law. He accepted it because it suited his particular views and purposes. He was primarily a moralist, and believed that he had discovered the Summum Bonum in what he called the principle of Utility, which he described by the maxim, "The greatest good to the greatest number." It did not occur to him that, in the order of nature, happiness could be secured by man only by his own efforts and discipline in attending to the consequences of conduct and selecting those forms which experience taught him would secure it. He thought that the pathway to happiness for all men could be found out by one, or a few wise ones, and man could be compelled to follow it and thus be made happy by law. He found a great obstacle in his way; this was the practice of society to conform to rules of conduct declared by the judges. He insisted that they really made the rules while pretending only to find them, and made them without authority, and he came to regard the unwritten law as a hateful usurpation, and he described the common method adopted by the judges in making use of legal fictions in order to make legal remedies effectual, as "a wilful falsehood having for its object the stealing of legislative power by and for hands which could not, or durst not, openly claim it." The theory of Hobbes exactly suited his purpose. If law was a command alone, the judges would be obliged to look for their law to the only power that could make an authorita...


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Product Details
  • ISBN-13: 9781231331231
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 96
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 1231331232
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 186 gr


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