Law, the State, and the International CommunityThe Lawbook Exchange, Ltd., 2001 - 1052 страница A leader in the development of modern international law. Originally published: New York: Columbia University Press, 1939-1940. 2 Vols. xxiv, 613; vi, 401 pp. Volume One: A Commentary on the Development of Legal, Political and International Ideals. Volume Two: Extracts Illustrating the Growth of Theories, and Principles of Jurisprudence, Government, and The Law of Nations. The author divides his subject into six main periods: The Greek Background, The Roman Heritage, The Christian Heritage (Ancient and Medieval), The Transition from Medieval to Modern Thought, The Era of Reform, The Beginning of the Modern Age. |
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Страница 28
... legislator than to those for whom he has authority to legislate . When an army officer issues a command , he does not have to obey it himself , any more than an employer who gives instructions to his employé . Besides , command belongs ...
... legislator than to those for whom he has authority to legislate . When an army officer issues a command , he does not have to obey it himself , any more than an employer who gives instructions to his employé . Besides , command belongs ...
Страница 54
... legislator more in Greece than elsewhere . It could scarcely have been otherwise , as the Hellenic temperament was marked by an untiring curiosity and yearning to experience the unknown , to apply at once in practice the abstract ...
... legislator more in Greece than elsewhere . It could scarcely have been otherwise , as the Hellenic temperament was marked by an untiring curiosity and yearning to experience the unknown , to apply at once in practice the abstract ...
Страница 72
... legislator has taken the place of the philosopher . " 8 Yet philosophy , if it seems to play a lesser rôle in the Laws than in the Republic , is still supreme in Plato's con- ception of government . For while law rather than the ...
... legislator has taken the place of the philosopher . " 8 Yet philosophy , if it seems to play a lesser rôle in the Laws than in the Republic , is still supreme in Plato's con- ception of government . For while law rather than the ...
Страница 75
... legislator . Philosophy , in a word , he con- ceived of as the guide of the state . But what was Plato's conception of philosophy ? To attempt a simple definition of a complex subject , it was a way of life based on truth discovered by ...
... legislator . Philosophy , in a word , he con- ceived of as the guide of the state . But what was Plato's conception of philosophy ? To attempt a simple definition of a complex subject , it was a way of life based on truth discovered by ...
Страница 79
... legislator will substitute the legal for the moral standard , while the politician will consider questions of right and wrong as merely rhetorical ? That this risk has long been a real one must be obvious to any clear - sighted student ...
... legislator will substitute the legal for the moral standard , while the politician will consider questions of right and wrong as merely rhetorical ? That this risk has long been a real one must be obvious to any clear - sighted student ...
Садржај
Defensor Pacis | 271 |
The Prince | 278 |
THE COURTIER | 295 |
Doctor and Student | 301 |
FRANCISCO DE VITORIA c 14831546 | 310 |
JEAN BODIN 153096 | 324 |
De Jure et Officiis Bellicis et Dis ciplina Militari | 353 |
ALBERICO GENTILI 15521608 | 363 |
107 | |
133 | |
137 | |
143 | |
158 | |
163 | |
165 | |
ST AUGUSTIne a d 354430 | 184 |
ST ISIDORE of Seville c 560636 and GraTIANS Decretum | 196 |
Policraticus | 206 |
ST THOMAS AQUINAS c 122574 | 213 |
DANTE ALIGHIERI 12651321 | 223 |
ITS INFLUENCE ON LAW AND POLITICS | 228 |
The Transition from Medieval to Modern Thought | 239 |
THE SURvival and Influence of ROMAN LAW AND JURISPRUDENCE | 241 |
The Law of Nature in the Modern World | 264 |
Pierino Belli 150275 His Relation to Vitoria and Gentili | 387 |
TYRANNY VERSUS LIBERTY | 393 |
The Era of Reform | 423 |
ST THOMAS MORE 14781535 | 425 |
CALVINISM | 452 |
MARTIN LUTHER 14831546 | 468 |
DESIDERIUS ERASMUS c 14661536 | 484 |
The Beginning of the Modern | 519 |
HUGO GROTIUS AND THE Mare Liberum | 521 |
ST ROBERT BELLARMINE 15421621 | 546 |
FRANCISco Suárez 15481617 | 558 |
RICHARD HOOKER c 15531600 | 570 |
EPILOGUE | 593 |
VOLUME Two Jurisprudence | 615 |
Right ius 4 Law and the human being 5 Reason and law 6 Morality and law 10 Conscience and law 16 Justice 18 Justice and law 27 LAW DEFINED ... | 619 |
BIBLIOGRAPHIES | 620 |
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Чести термини и фразе
according ancient Aristotle Augustine authority Bodin Book called canon law cause century chap Christian Church Cicero citizens civil law Classical common conception custom declares Defensor pacis divine law doctrine duty Ecclesiastical Polity enemy English equity Erasmus established eternal law evil exist force Francisco de Vitoria Gentili Greek Grotius Hooker human law Ibid individual International Law iure belli ius gentium John of Salisbury judge jure belli jurisprudence jurists justice Justinian king law of nations law of nature law of reason legibus legislator liberty Loeb Classical Library Luther Machiavelli matter moral natural law observed officiis opinion peace persons philosophy Plato political possession praetor precepts previously cited prince principles Professor punishment question quotations Roman law Rome rule ruler society sovereign spirit Stoics Suárez theory things Thomas Aquinas tion trans treatise tyrant universal unjust virtue Vitoria
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Страница 179 - Wilt thou then not be afraid of the power ? do that which is good, and thou shalt have praise of the same : for he is the minister of God to thee for good. But if thou do that which is evil, be afraid ; for he beareth not the sword in vain : for he is the minister of God, a revenger to execute wrath upon him that doeth evil.
Страница 176 - And he said, Woe unto you also, ye lawyers ! for ye lade men with burdens, grievous to be borne, and ye yourselves touch not the burdens with one of your fingers.
Страница 178 - Again, the devil taketh him up into an exceeding high mountain, and sheweth him all the kingdoms of the world, and the glory of them; and saith unto him, All these things will I give thee, if thou wilt fall down and worship me.
Страница 180 - For when the Gentiles, which have not the law, do by nature the things contained in the law, these having not the law, are a law unto themselves ; which shew the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the meanwhile accusing or else excusing one another,) in the day when God shall judge the secrets of men by Jesus Christ, according to.
Страница 177 - Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law. and take away thy coat, let him have thy cloke also. And whosoever shall compel thee to go a mile, go with him twain. Give to him that asketh thee, and from him that would borrow of thee turn not thou away.
Страница 613 - Guid faith he mauna fa' that! For a' that, and a' that, Their dignities, and a' that, The pith o' sense, and pride o' worth, Are higher rank than a" that. Then let us pray that come it may, As come it will for a' that; That sense and worth, o'er a' the earth, May bear the gree, and a' that. For a
Страница 599 - ... there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate, yet the legislative being only a fiduciary power to act for certain ends, •'' there remains still in the people a supreme power to remove or alter the legislative, when they find the legislative act_ contrary to the trust reposed in them.
Страница 129 - The vain titles of the victories of Justinian are crumbled into dust: but the name of the legislator is inscribed on a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in the immortal works of the CODE, the PANDECTS, and the...
Страница 608 - There is no wealth but life — -life, including all its powers of love, of joy, and of admiration. That country is the richest which nourishes the greatest number of noble and happy human beings...
Страница 37 - That which doth assign unto each thing the kind, that which doth moderate the force and power, that which doth appoint the form and measure, of working, the same we term a law.