The Elements of JurisprudenceAs Walker has pointed out, "[this book] was long a standard work and contributed to the continued vitality of the Austinian Analytical Jurisprudence in England though he substituted enforcement by a determinate authority for Austin's command of the sovereign as the criterion of a law." Albert Kocourek characterized this work as "the most successful of all jurisprudence books." Holland [1835-1926] taught philosophy at Oxford before he was called to the Bar in 1863. After several years in practice he was appointed Vinerian Reader in English Law and Chichele Professor of International Law and Diplomacy in 1874. An industrious scholar, he published several important treatises and was a founder of the Law Quarterly Review. Walker, Oxford Companion to Law 576. |
Contents
Classification of antecedent rights in rem | 141 |
Right to reputation | 151 |
Degrees of proprietary rights | 170 |
Degrees of proprietary rightsOwnershipIura in re aliena | 193 |
CHAPTER XII | 202 |
Rights arising ex contractu | 213 |
Principal contractsContracts for use | 244 |
Extinction of rights in personam | 265 |
| 53 | |
43 | 58 |
CHAPTER VI | 60 |
CHAPTER VII | 67 |
Substantive and adjective | 73 |
Person | 75 |
Artificial persons 298 | 79 |
Thing | 81 |
Facts | 87 |
Public and private persons | 105 |
Law of persons and things | 111 |
Rights antecedent and remedial | 123 |
RIGHTS AT REST AND IN MOTION | 125 |
CHAPTER XI | 139 |
CHAPTER XIII | 271 |
Infringement | 277 |
Suspension | 284 |
Natural persons | 295 |
CHAPTER XV | 301 |
Execution | 305 |
Relations to the classification of private law | 311 |
Courts | 316 |
Criminal procedure | 325 |
INTERNATIONAL | 329 |
Belligerency 353 | 338 |
Private LawClassification of nomenclature | 351 |
Other editions - View all
Common terms and phrases
according Act of Parliament action agent agreement applied arise artificial person authority bailment Bentham called causa cause chose in action Code Civil Common Law contract Court creditor criminal custom damages defined described distinction droit duties effect enforced English law existence expressed fact fraud French Code given implied individual infringement injury Inst International law iuris Jurisprudence Juristic Act juristic person land latter law of Persons liability Lord marriage ment merely mode modern moral nature negligence object obligation owner ownership Pand party performance person of incidence person of inherence plaintiff Pollock possession praetor principles private law quae question quod Recht recognised remedial right result rights in personam rights in rem Roman law rules Savigny says Scots law servitudes sovereign statute stipulatio sunt Supra systems of law term thing tion Torts Ulpian usucapio Vict Windscheid wrong καὶ
Popular passages
Page 73 - Ireland, it is, among other things, enacted, that no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 61 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 17 - Of Law there can be no less acknowledged than that her seat is the bosom of God; her voice the harmony of the world. All things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power.
Page 33 - Commentaries, remarks, that this law of Nature being coeval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times; no human laws are of any validity if contrary to this, and such of them as are valid derive all their force and all their validity and all their authority, mediately and immediately, from this original...
Page 72 - ... except the buyer shall accept parv of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 266 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 65 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Page 324 - L'adultère de la Femme ne pourra être dénoncé que par le mari; cette faculté même cessera, s'il est dans le cas prévu par l'article 339. Art. 337. La femme convaincue d'adultère subira la peine de l'emprisonnement pendant trois mois au moins, et deux ans au plus. — Le mari restera le maître d'arrêter l'effet de cette condamnation , en consentant à reprendre sa femme.