Jurisprudence

THE SCIENCE OF JURISPRUDENCE PAGE § 1. Jurisprudence as the Science of Law 1 § 2. Jurisprudence as the Science of Civil Law 3 § 3. Theoretical Jurisprudence 4 § 4. English and F...

CIVIL LAW § 5. The Definition of Law 9 § 6. The Administration of Justice 10 § 7. Law logically subsequent to the Administration of Justice 12 § 8. Law and Fact 15 § 9. The Just...

OTHER KINDS OF LAW § 14. Law in General—A Rule of Action 40 § 15. Physical or Scientific Law 41 § 16. Natural or Moral Law 43 § 17. Imperative Law 47 § 18. Conventional Law 54 §...

THE ADMINISTRATION OF JUSTICE § 25. Necessity of the Administration of Justice 65 § 26. Origin of the Administration of Justice 67 § 27. Civil and Criminal Justice 70 § 28. The...

THE STATE § 36. The Nature and Essential Functions of the State 93 § 37. Secondary Functions of the State 98 § 38. The Territory of the State 99 § 39. The Membership of the Stat...

THE SOURCES OF LAW § 44. Formal and Material Sources 117 § 45. Legal and Historical Sources 117 § 46. A List of Legal Sources 120 § 47. The Sources of Law as Constitutive and Ab...

LEGISLATION § 50. The Nature of Legislation 127 § 51. Supreme and Subordinate Legislation 129 § 52. Relation of Legislation to other Sources 132 § 53. Codification 136 § 54. The...

CUSTOM § 55. The Early Importance of Customary Law 143 § 56. Reasons for the Reception of Customary Law 144 § 57. The Requisites of a Valid Custom 146 § 58. Conventional Custom...

PRECEDENT § 61. The Authority of Precedents 159 § 62. Declaratory and Original Precedents 160 § 63. Authoritative and Persuasive Precedents 163 § 64. The Absolute and Conditiona...

LEGAL RIGHTS § 70. Wrongs 179 § 71. Duties 180 § 72. Rights 181 § 73. The Elements of a Legal Right 185 § 74. Legal Rights in a wider sense of the term 190 § 75. Libertie 190 §...

THE KINDS OF LEGAL RIGHTS § 78. Perfect and Imperfect Rights 197 § 79. The Legal Nature of Rights against the State 199 § 80. Positive and Negative Rights 201 § 81. Real and Per...

OWNERSHIP § 86. The Definition of Ownership 220 § 87. Corporeal and Incorporeal Ownership 221 § 88. Corporeal and Incorporeal Things 225 § 89. Sole Ownership and Co-ownership 22...

POSSESSION § 93. Introduction 236 § 94. Possession in Fact and in Law 237 § 95. Corporeal and Incorporeal Possession 239 § 96. Corporeal Possession 240 § 97. The Animus Possiden...

POSSESSION (_continued_) § 101. Immediate and Mediate Possession 252 § 102. Concurrent Possession 256 § 103. The Acquisition of Possession 256 § 104. Possession not essentially...

PERSONS § 108. The Nature of Personality 272 § 109. The Legal Status of the Lower Animals 273 § 110. The Legal Status of Dead Men 275 § 111. The Legal Status of Unborn Persons 2...

LIABILITY § 125. The Nature and Kinds of Liability 319 § 126. The Theory of Remedial Liability 320 § 127. The Theory of Penal Liability 321 § 128. Acts 323 § 129. Two Classes of...

INTENTION AND NEGLIGENCE § 133. The Nature of Intention 335 § 134. Intention and Motive 338 § 135. Malice 340 § 136. Relevance and Irrelevance of Motives 341 § 137. Criminal Att...

LIABILITY (_continued_) § 145. Wrongs of Absolute Liability 366 § 146. Mistake of Law 368 § 147. Mistake of Fact 369 § 148. Accident 371 § 149. Vicarious Responsibility 374 § 15...

THE LAW OF PROPERTY § 152. Meanings of the term Property 385 § 153. Kinds of Property 387 § 154. The Ownership of Material Things 387 § 155. Movable and Immovable Property 390 §...

THE LAW OF OBLIGATIONS § 165. The Nature of Obligations 422 § 166. Solidary Obligations 424 § 167. The Sources of Obligations 427 § 168. Obligations arising from Contracts 427 §...

THE LAW OF PROCEDURE § 172. Substantive Law and the Law of Procedure 437 § 173. Evidence 440 § 174. The Valuation of Evidence 444 § 175. The Production of Evidence 449 § 176. Cr...

In the widest of its applications the term jurisprudence means the science of law, using the word law in that vague and general sense in which it includes all species of obligat...

The law is the body of principles recognised and applied by the state in the administration of justice. Or, more shortly: The law consists of the rules recognised and acted on i...

Having considered in the foregoing chapter the nature of civil law exclusively, we now proceed to examine certain other kinds of law which need to be distinguished from this and...

“A herd of wolves,” it has been said,[80] “is quieter and more at one than so many men, unless they all had one reason in them, or have one power over them.” Unfortunately they...

A complete analysis of the nature of law involves an inquiry into the nature of the state, for it is in and through the state alone that law exists. Jurisprudence is concerned,...

The expression source of law (_fons juris_) has several meanings which it is necessary to distinguish clearly. We must distinguish in the first place between the formal and the...

Legislation is that source of law which consists in the declaration of legal rules by a competent authority. It is such an enunciation or promulgation of principles as confers u...

The importance of custom as a source of law continuously diminishes as the legal system grows. As an instrument of the development of English law in particular, it has now almos...

The importance of judicial precedents has always been a distinguishing characteristic of English law. The great body of the common or unwritten law is almost entirely the produc...

We have seen that the law consists of the principles in accordance with which justice is administered by the state, and that the administration of justice consists in the use of...

Recognition by the law in the administration of justice is common to all legal rights and duties, but the purposes and effects of this recognition are different in different cas...

Ownership, in its most comprehensive signification, denotes the relation between a person and any right that is vested in him. That which a man owns is in all cases a right. Whe...

In the whole range of legal theory there is no conception more difficult than that of possession. The Roman lawyers brought their usual acumen to the analysis of it, and since t...

One person may possess a thing for and on account of some one else. In such a case the latter is in possession by the agency of him who so holds the thing on his behalf. The pos...

The purpose of this chapter is to investigate the legal conception of personality. It is not permissible to adopt the simple device of saying that a person means a human being,...

We have seen in a former chapter that every right involves a title or source from which it is derived. The title is the _de facto_ antecedent, of which the right is the _de jure...

He who commits a wrong is said to be liable or responsible for it. Liability or responsibility is the bond of necessity that exists between the wrongdoer and the remedy of the w...

Intention is the purpose or design with which an act is done. It is the foreknowledge of the act, coupled with the desire of it, such foreknowledge and desire being the cause of...

We now proceed to consider the third class of wrongs, namely those of absolute liability. These are the acts for which a man is responsible irrespective of the existence of eith...

The substantive civil law[401] is divisible into three great departments, namely the law of property, the law of obligations, and the law of status. The first deals with proprie...

Obligation in its popular sense is merely a synonym for duty. Its legal sense, derived from Roman law, differs from this in several respects. In the first place, obligations are...

It is no easy task to state with precision the exact nature of the distinction between substantive law and the law of procedure, and it will conduce to clearness if we first con...

In addition to the distinctions between different kinds of rights considered in this chapter, there must be borne in mind the important distinction between Primary and Sanctioni...

As to the divisibility of sovereign power, see Bryce’s Studies in History and Jurisprudence, II., p. 70: “Legal sovereignty is divisible, _i.e._, different branches of it may be...