Lectures on Jurisprudence, or the Philosophy of Positive Law, Vol. 2 of 2 (Classic Reprint)

Lectures on Jurisprudence, or the Philosophy of Positive Law, Vol. 2 of 2 (Classic Reprint) Synopsis

Excerpt from Lectures on Jurisprudence, or the Philosophy of Positive Law, Vol. 2 of 2

Subjects of Lecture. - The principal or§leading difference between statute and judiciary law. - The principal difference between statute and judiciary law lies in a difference between the forms in which they are respectively expressed - An enormous fault of the Pandects and Codes, considered as a Coda - Ratio legit et ratio decadendi. - The interpretation or construc tion of statute law, and the peculiar process of abstraction and induction, eta - Competition of analogies z - Paley and Romilly. - Blackstone's re mark concerning the decretes of the Roman emperors. -the order in which law is naturally generated. - Cases apparently intermediate be tween judiciary and statute law. - How law derived from anterior law is formed. - How the competition of opposite analogies may arise. Q. Whether difficulties may not arise from inconsistency of competing rules of statute law?

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