Lectures on Jurisprudence, Or, The Philosophy of Positive Law, Volume 2

John Murray, 1885 - 507 pages

Autres éditions - Tout afficher

Expressions et termes fréquents

Fréquemment cités

Page 958 - Elle (la vente) est parfaite entre les parties, et la propriété est acquise de droit à l'acheteur à l'égard du vendeur dès qu'on est convenu de la chose et du prix, quoique la chose n'ait pas encore été livrée ni le prix payé.
Page 563 - Nam quod quisque populus ipse sibi ius constituit, id ipsius proprium est vocaturque ius civile, quasi ius proprium civitatis; quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur vocaturque ius gentium, quasi quo iure omnes gentes utuntur.
Page 862 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant, before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 553 - In pace quoque postliminium datum est : nam si cum gente aliqua neque amicitiam, neque hospitium, neque fœdus amicitiœ causa factum habemus : hi hostes quidem non sunt : quod autem ex nostro ad eos pervenit, illorum fit : et liber homo noster ab eis captus servus fit et eorum. Idemque est, si ab illis ad nos aliquid perveniat.
Page 942 - The topics ordinarily discussed under this general heading, are those of husband and wife, parent and child, guardian and ward, master and servant.
Page 985 - ... contention of the bar is carried on : and it is in the comparison, adjustment, and reconciliation of them with one another ; in the discerning of such distinctions, and in the framing of such a determination, as may either save the various rules alleged in the cause, or, if that be impossible, may give up the weaker analogy to the stronger, that the sagacity and wisdom of the court are seen and exercised.
Page 1087 - In other words, it is far easier to conceive justly what would be useful law, than so to construct that same law that it may accomplish the design of the lawgiver. Accordingly, statutes made with great deliberation, and by learned and judicious lawyers, have been expressed so obscurely, or have been constructed so...
Page 985 - ... adjudged, neither that question, nor any which completely, and in all its circumstances, corresponds with that, can be brought a second time into dispute : but questions arise, which resemble this only...
Page 863 - It may, indeed, happen, that the existence of the party, at a given time, may be the very contingency, or parcel of the very contingency, on which the right is to arise. And, on that supposition, if the party die before the given time, the contingent right can never vest, and there is no possibility transmissible to his representatives. For example : If land be given to A for life, and in case B survive A, to B and his heirs, if B die before A, the contingent right can never vest. But if the existence...
Page 541 - And indeed it is one of the characteristic marks of English liberty, that our common law depends upon custom ; which carries this internal evidence of freedom along with it, that it probably was introduced by the voluntary consent of the people.

Informations bibliographiques