An Analysis Of Salmonds Jurisprudence

Author : Sir John William Salmond
Publisher : Rarebooksclub.com
ISBN 13 : 9781230048147
Total Pages : 60 pages
Book Rating : 4.0/5 (481 download)

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Download or read book The First Principles of Jurisprudence written by Sir John William Salmond and published by Rarebooksclub.com. This book was released on 2013-09 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 1893 edition. Excerpt: ...ofjustice consists in the exercise of the force of the State against its subjects; whilst in war the persons against whom such force is directed, are independent of the State. In other words, the administration of justice is the exercise of the force of the State within the society. War is its exercise outside of the society. The former is the internal function of the State; the latter is its external function. It is necessary for us therefore to understand the meaning of the term subject. Now we must be careful to distinguish between subject and citizen. In common speech these words are often enough used as synonymous. Properly speaking, however, the citizens of any political society are those who possess or exercise political or governmental rights or powers within that society. In fact, the aggregate of citizens constitutes the State; citizens are the units out of which the State is made up. To be a subject of the State, on the other hand, is to be subject to the State, or to be in subjection to the State, that is, in subjection to the power of the State. In other words, the subjects of the State are those who are submissive to its power, those who, whether by conquest or otherwise, are in such a relation to it, that effectual resistance is out of the question, and who are consequently habitually acquiescent in the exercise against them of the force of the State. On the other hand, those are not the subjects of the State, who have never come or been reduced into the power of the State, who are therefore not submissive to such power, and who would certainly or probably resist any attempt by the State to use its power against them. Whether any particular person or group of persons is or is not subject to the State, will often be a very...