ISBN: 9781458906205

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not … Plus…

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... 1 (Methods of Ethics, Book III., Chap, vi., p. 266.) 5 (The Nature of the State, Chap, vii., p. 142.) These definitions follow, as we know, more or less blindly, the theory of Austin, the father of modern English jurisprudence, which makes all law to be nothing else than the aggregation of rules set by men as politically superior or sovereign to men as politically subject. Austin''s theory, as Mr. Smith has conclusively shown, arose primarily from a confusion by him of the Latin word or term jus with that of lex. He defined law as the equivalent of lex but used it habitually as including jus.1 The theory of Austin is in fact wholly based upon the ambiguity of the term law; which is defined by him as though equivalent to the Latin lex, but habitually used as though including the whole law, or jus. Thus,--taking for illustration the famous position of Austin, that judicial decisions are in fact commands or expressions of the will of the State, and therefore in no wise different in essential nature from laws or statutes--it is obvious that the conclusion is deduced by an apparent syllogism of which the major premise is the proposition that all law is an expression of the will of the State or government, and the minor, that judicial decisions constitute part of the law; from which--assuming that the term law be used in the same sense in both propositions--the conelusion must necessarily follow. But, in fact, in the major premise it is used in the sense of lex, and in the minor in that of jus. 1 (I give Mr. Smith''s analysis and criticism of the term law as used by Austin verbatim.) The same fallacy is also illustrated by the equally famous position of the same writer, that custom does not constitute part of the law--the argument being as... William Prall, Books, History, The State and the Church Books>History This is an OCR edition without illustrations or index. It may have numerous typos or missing text. However, purchasers can download a free scanned copy of the original rare book from GeneralBooksClub.com. You can also preview excerpts from the book there. Purchasers are also entitled to a free trial membership in the General Books Club where they can select from more than a million books without charge. Original Published by: T. Whittaker in 1900 in 264 pages; Subjects: Church and state; History / General; Religion / Religion, Politics & State;<