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" The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellowmen,... "
Law Notes - Σελίδα 122
1914
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Zeitschrift für das privat- und öffentliche Recht der Gegenwart, Τόμος 27

1900 - 812 σελίδες
...embodies the story of a nations development through many centuries , and it cannot be dealt with äs !f it contained only the axioms and corollaries of a book of mathematics." §. 212. Vgl. endlich die verschiedenen , im bayerischen Strafgesetzbuche vom 6. Mai 1813 aufgestellten...

An Essay on the Growth of Law

Morris M. Cohn - 1882 - 212 σελίδες
...body of laws is not sufficiently borne in mind. The fact seems to be lost sight of generally, that "the law embodies the story of a nation's development through many centuries, and it can not be dealt with as if it contained only the axioms and corollaries of a book of mathematic "...

Annual Report of the Illinois State Bar Association

Illinois State Bar Association - 1887 - 414 σελίδες
...policy, avowed or unconscious, even the prejudices which the judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the i ule* by which men should be governed." And again, as applied to a natural person, "a legal right...

Report of Proceedings of the ... Annual Session of the ..., Τόμος 25,Μέρος 1908

Georgia Bar Association - 1908 - 308 σελίδες
...been logic: it has been experience. . . . The law embodies the story of a nation's development through centuries, and it cannot be dealt with as if it contained only the axioms and corrollaries of a book of mathematics. In order to know what it is, we must know what it has been,...

The Juridical Review, Τόμος 2

1890 - 470 σελίδες
...policy, avowed or unconscious, even the prejudices which judges these with their fellowmen, have had a good deal more to do than the syllogism in determining the rules by which men should be governed." (6) Attempts to generalise upon the origin and growth of any body of law are, therefore, attended with...

Biennial of the General Federation of Women's Clubs: Official ..., Τόμος 16

General Federation of Women's Clubs - 1922 - 686 σελίδες
...moral and political theories, intuitions and public policy avowed or unconscious * * * have had a great deal more to do than the syllogism in determining the rules by which men should be governed." If that is true, then in your hands lie the weapons of your own deliverance when you complain of lawlessness,...

The Common Law

Oliver Wendell Holmes - 1909 - 448 σελίδες
...policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining...the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become. We must alternately...

The Law of Actionable Misrepresentation, Stated in the Form of a Code ...

George Spencer Bower - 1911 - 568 σελίδες
...policy, avowed and unconscious, even the prejudices which judges share with their fellow men, have a good deal more to do than the syllogism in determining...the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been, and what it tends to become." When examining...

A History of the American Bar

Charles Warren - 1911 - 608 σελίδες
...policy, avowed or unconscious — even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining...of a nation's development through many centuries. ... In order to know what it is, we must know what it has been, and what it tends to become. We must...

Select Cases on the Law of Torts: With Notes, and a Summary of ..., Τόμος 1

John Henry Wigmore - 1912 - 1132 σελίδες
...intuitions of public policy, — even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed." As a simple example, take the law of Death by Wrongful Act. A hundred years ago the " appeal " of homicide...




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