Search results
30 lip 2023 · Jurisprudence as the Science of Law. In the widest of its applications the term jurisprudence means the science of law, using the word law in that vague and general sense in which it includes all species of obligatory rules of human action.
The idea of property consists in an established expectation; in the persuasion of being able to draw such or such an advantage from the thing possessed, according to the nature of the case. Now this expectation, this persuasion, can only be the work of law.
Property is a right of decision and rule-making as a matter of principle towards the object of property. Laws affecting the use of property are only limited derogations to this principle. This view is congruent with the theory of ownership developed by Oliver Hart and applies in both Civil and Common Law legal systems.
definition all his other theories and definitions must also be accepted. The definition of law is the logical corner-stone upon which the science of jurisprudence is based.
Far from having no substance, the idea of Full Liberal Ownership gave property a detailed and comprehensive meaning: property includes the full gamut of rights to: (a) use the owned resource, (b) exclude others from entering it, and, (c)alienate it (that is, to sell it to someone else).
As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life.
This chapter presents the Pure Theory of Law's discussion of the traditional dualism of law and state, the ideological function of the dualism of law and state, and the identity of law and state. Keywords: law , state , dualism , identity
