Law as a Means to an End |
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abstract according action aediles ancient Roman animal apply association authorities Bentham binding civil coercion commerce concept conditions of social contract crime criminal law directed duty economic egoism element ence entire ethical existence expression external fact feeling force former freedom Geist give hand honor human idea Ihering Ihering's individual institution interest judge jurisprudence juristic person justice labor labor power latter law of causality legal philosophy legislation mancipatio means ment merely moral motive nature nexum norm object obligation one's organization particular partnership party person philosophy philosophy of law point of view political position practical praetor present principle private law problem punishment purpose question realization reason Recht reference regard relation Roman jurists Roman law rule salary Savigny sense society theory thing tion true vocation whole
Popular passages
Page 404 - That principle is that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection.
Page xxxiii - Books that you may carry to the fire, and hold readily in your hand, are the most useful after all.
Page 404 - The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.
Page xviii - Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do.
Page vii - Without some fundamental basis of action, or theory of ends, all legislation and judicial interpretation are reduced to an anarchy of uncertainty. It is like mathematics without fundamental definitions and axioms. Amidst such conditions, no legal demonstration can be fixed, even for a moment. Social institutions, instead of being governed by the guidance of an intelligent free will, are thrown back to the blind determinism of the forces manifested in the natural sciences. Even the phenomenon of experimental...
Page 406 - But by selling himself for a slave, he abdicates his liberty; he foregoes any future use of it beyond that single act. He therefore defeats, in his own case, the very purpose which is the justification of allowing him to dispose of himself.
Page 407 - The laws which, in many countries on the Continent, forbid marriage unless the parties can show that they have the means of supporting a family, do not exceed the legitimate powers of the State : and whether such laws be expedient or not (a question mainly dependent on local circumstances and feelings), they are not objectionable as violations of liberty.
Page 408 - Drunkenness, for example, in ordinary cases, is not a fit subject for legislative interference; but I should deem it perfectly legitimate that a person, who had once been convicted of any act of violence to others under the influence of drink, should be placed under a special legal restriction, personal to himself; that if...
Page xxviii - Little remains : but every hour is saved From that eternal silence, something more, A bringer of new things ; and vile it were For some three suns to store and hoard myself, And this gray spirit yearning in desire To follow knowledge, like a sinking star, Beyond the utmost bound of human thought.
Page 407 - ... and there were no time to warn him of bis danger, they might seize him and turn him back, without any real infringement of his liberty; for liberty consists in doing what one desires, and he does not desire to fall into the river.