 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 - Page 1221914Full view - About this book
 | Civil law - 1900 - 812 pages
...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... | |
 | Morris M. Cohn - Jurisprudence - 1882 - 212 pages
...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 "... | |
 | Illinois State Bar Association - Bar associations - 1887 - 414 pages
...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... | |
 | Georgia Bar Association - Bar associations - 1908 - 308 pages
...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,... | |
 | Electronic journals - 1890 - 470 pages
...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... | |
 | General Federation of Women's Clubs - 1922 - 686 pages
...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,... | |
 | Oliver Wendell Holmes - Common law - 1909 - 448 pages
...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... | |
 | George Spencer Bower - Fraud - 1911 - 568 pages
...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... | |
 | Charles Warren - Courts - 1911 - 608 pages
...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... | |
 | John Henry Wigmore - Torts - 1912 - 1132 pages
...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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