A Critical History Of Modern English Jurisprudence

Author : George H. Smith
Publisher :
ISBN 13 : 9781331067528
Total Pages : 94 pages
Book Rating : 4.0/5 (675 download)

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Download or read book A Critical History of Modern English Jurisprudence written by George H. Smith and published by . This book was released on 2015-07-09 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Critical History of Modern English Jurisprudence: A Study in Logic, Politics, and Morality A limited edition of this little work has been printed, with a view of submitting it to friends of the author, and others, who, he may have reason to suppose, are interested in political science. But in submitting it even to this limited class of readers, the author is painfully conscious, from experience, that both the subject of the work, and the method in which it is treated stand in need of apology. In regard to the subject, - which is Jurisprudence, - its study in England and this country, within the last fifty years, has fallen into almost entire neglect; and there is now no subject more generally unpopular. The general reader regards it as belonging peculiarly to the province of the lawyer, and the lawyer, in general, as a study of no practical utility, and, with which, consequently, he has no concern. And the few who are addicted to philosophy, turning to the works of the modern English jurists, find there something which bears no resemblance to real Jurisprudence, but which has usurped its place, and even its name. This so-called jurisprudence is the theory of Austin, (the principal subject of our review, ) which has become so generally received and firmly established in English philosophy as to occupy exclusively the whole field of Jurisprudence. But this theory, as will be shown more fully in the body of the work, asserts, as its fundamental principle, that the law (Jus) is merely an expression of the arbitrary will of the government, or state; and, consequently, that rights, and Justice or Right, are the mere creatures of that will. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.