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" Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong. "
Political Thought in England from Locke to Bentham - Página 176
por Harold Joseph Laski - 1920 - 323 páginas
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Law Without Values: The Life, Work, and Legacy of Justice Holmes

Albert W. Alschuler - 2000 - 325 páginas
...Differentiating between natural law and positive or "municipal" law, Blackstone defined municipal law as "a rule of civil conduct prescribed by the supreme power in a state." William Blackstone, 1 Commentaries * 46 (emphasis eliminated). He declared that to be a "rule," a directive...
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History of the Sherman Law

Albert H. Walker - 2000 - 320 páginas
...ocean to the other, and from the northern lakes to the southern gulf. It embodies the national will. It is "a rule of civil conduct prescribed by the supreme power in the States, commanding what is right and prohibiting what is wrong." The Supreme Court has no power...
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Current Legal Problems 1998: Legal Theory at the End of the Millennium

Michael Freeman - 2000 - 582 páginas
...likewise mingles command theory with natural law, and remarks in Commentaries, LI, that 'municipal law is a rule of civil conduct, prescribed by the supreme power in the state'. might more likely be exacerbated than alleviated by facile appeals to so-called fundamental...
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Property Rights: From Magna Carta to the Fourteenth Amendment

Bernard H. Siegan - 2001 - 329 páginas
...trust when it seeks to favor or disfavor select portions of the public. Blackstone defined "law" as "a rule of civil conduct prescribed by the supreme...commanding what is right and prohibiting what is wrong." Therefore, a law must not be "a transient, sudden order from a superior to or concerning a particular...
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Deep Histories: Gender and Colonialism in Southern Africa

Wendy Woodward, Patricia Hayes, Gary Minkley - 2002 - 356 páginas
...of nations," which regulated conduct between distinct societies; and the "municipal or civil law," "a rule of civil conduct prescribed by the supreme...commanding what is right and prohibiting what is wrong"; William Blackstone, Commentaries on the Laws of England, vol. 1, (London: Thomas Cadcll. 1 2th ed....
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The Province of Legislation Determined: Legal Theory in Eighteenth-Century ...

David Lieberman - 2002 - 328 páginas
...that Blackstone himself had condemned common law in similar terms when he defined municipal law as " rule of civil conduct prescribed by the supreme power in a state. " Bentham simply treated the claim that municipal law had to be "prescribed" as a rehearsal of the...
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The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial ...

Paul O. Carrese - 2010 - 349 páginas
...legal positivism, again is evident in the definition of the municipal law of a particular state as "a rule of civil conduct prescribed by the supreme...commanding what is right and prohibiting what is wrong" (*44). Blackstone cites no authority here, but in later iterations he attributes this definition to...
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Forbidding Wrong in Islam: An Introduction

Michael Cook, Michael Allan Cook - 2003 - 185 páginas
...William Blackstone (d. 1780), in his celebrated treatise on the laws of England, defines municipal law as 'a rule of civil conduct prescribed by the supreme...commanding what is right and prohibiting what is wrong'. His definition echoes one already adopted in antiquity by the Stoics. Thus Chrysippus (d. 207 BC) opened...
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The Principles of Roman Law and Their Relation to Modern Law

William Livesey Burdick - 2004 - 748 páginas
...force.8 Blackstone defined municipal law, meaning by that term the laws of a state or nation, to be "a rule of civil conduct prescribed by the supreme...state commanding what is right and prohibiting what is wrong."9 Mr. Justice Eoane of the Court of Appeals of Virginia, however, has said:10 "It is evident...
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The British and Their Laws in the Eighteenth Century

David Lemmings - 2005 - 260 páginas
...Blackstone,26 who himself put forward a strongly positivist conception of law. Municipal law, he wrote, was 'a rule of civil conduct prescribed by the supreme...commanding what is right and prohibiting what is wrong'. In all governments, there must be 'a supreme, irresistible, absolute, uncontrolled authority, in which...
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