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An Analysis of Austin's Lectures on Jurisprudence, Or, the Philosophy of Positive Law

An Analysis of Austin's Lectures on Jurisprudence, Or, the Philosophy of Positive Law

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By (author) Professor of Renaissance Studies Gordon Campbell

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  • Publisher: Rarebooksclub.com
  • Format: Paperback | 72 pages
  • Dimensions: 189mm x 246mm x 4mm | 145g
  • Publication date: 4 July 2012
  • Publication City/Country: Miami Fl
  • ISBN 10: 1236614127
  • ISBN 13: 9781236614124
  • Illustrations note: black & white illustrations

Product description

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. 1877 edition. Excerpt: ...edict obtained as law only during the year of office of its author. If a prwtor simply copied the edict of his predecessor, the edict was called 'tralatitium.' We frequently meet with the phrase 'the edict, ' which phrase is to bo explained by the fact above stated. With reference to its contents it consisted of a scries of edicts, the joint work of a series of pnetors, though it was promulgated by, and was the edict of, the pra?tor at any given time in office. After a time the new matter introduced by each new praetor bore a very small proportion to the provisions of his predecessors. The aggregate of rules contained in the edict for the time being constituted the 'Jus Prahriioa.' The civil law formed by the judicial decisions of the prwtors might have been styled Prcetorian Law, but (probably in conscipience of the small part played by judicial decisions in funning lloman law, owing to the facilities of legislation a fiorded to tlie praetor) the term Praitorian Law was npplictl exclusively to tlie law as contained in the general edict. All magistrates of elevated rank possessed the power of legislation, 'jus edicendi, ' with regard to such matters as fell within their jurisdiction. And the body of rules so established was termed 'jus honorarium.' But as tho jug jDiploriiim forms so important a. part of it, the term jwt iiiH'oritriiim is often restricted to the 'jut pmtorium.' Llatcrials out of which, the Jus Praetorium was formed. 1. The prcrtors gave the force of law to moral rnles which bad prevailed generally among tho Roman people. 2. They imported much of tho'jim gentium ' which had been adopted by the pra lores peregrini. 3. They supplied the detects of the jus civile agreeably to their own ideas of utility. Observation 1.--Accordingly, ...

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