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" Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme. "
Notes on Sovereignty from the Standpoint of the State and of the World - Page 46
by Robert Lansing - 1921 - 94 pages
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 7

1832 - 536 pages
...severs it from a law which is not a positive law) may be stated generally in the following manner : — Every positive law, or every law simply and strictly...or body is sovereign or supreme. Or (changing the phrase) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection...
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The Jurist, Or, Quarterly Journal of Jurisprudence and Legislation, Volume 3

1832 - 496 pages
...of jurisprudence ; and to this our author gives the name of positive law. He thus defines it : — " Every positive law, or every law simply and strictly...independent political society wherein that person * The following passage, which is the first sentence in Montesquieu's celebrated treatise " De 1'Esprit...
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The Province of Jurisprudence Determined

John Austin - 1832 - 512 pages
...difference that severs it from a law which is not a positive law) may be put in the following manner. — Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the 267 t^e law,...
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The Printing machine (or, Companion to the library) [ed. by J.H.L. Hunt].

576 pages
...law which is not a positive law) may be stated generally in the following manner. Every positive law is set by a sovereign person, or a sovereign body...wherein that person or body is sovereign or supreme. It will hence appear that Mr. Austin's design embraces the consideration •f the possible forms of...
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The Atlantic Monthly, Volume 64

1889 - 876 pages
...society are subject, or on that determinate superior the other members of the society are dependent." " Every positive law, or every law simply and strictly so called, is set by a sovereign person or by a sovereign body of persons to a member or members of the independent political society wherein...
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Thoughts on Government and Legislation

John Wrottesley Baron Wrottesley - 1860 - 326 pages
...; that is, permanent rules of conduct, set by a sovereign person, or sovereign determinate body, to members of the independent political society wherein that person or body is sovereign or supreme. Thirdly, Positive Moral Rules ; that is, first, laws set by men, but not as political superiors ; and,...
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The Province of Jurisprudence Determined, Volume 1

John Austin - 1861 - 468 pages
...law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political...or supreme. Or (changing the expression) it is set, directly or circuitously, by a monarch or sovereign number, to a person or persons in a state of subjection...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volume 17

1864 - 398 pages
...province of jurisprudence from the regions which lie upon its confines, and by which it is encircled.* " Every positive law, or every law simply and strictly...wherein that person or body is sovereign or supreme." In the language of Hobbes—" The legislator is he, not by whose authority the law was first made,...
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The North American Review, Volume 100

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1865 - 666 pages
...of strict jurisprudence. The essential distinction of a positive law is this : " Every positive law is set by a sovereign person or a sovereign body of...monarch or sovereign number to a person or persons in subjection to its author." Mr. Austin then analyzes the various conceptions which are connected with...
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Examination papers collected by A. Clark as a student and as an examiner

1867 - 224 pages
...from and may be resolved into the laws of the nature of individual man/ Discuss this. [Turn over. 9. ' Every law, simply and strictly so called, is set by...society wherein that person or body is sovereign." Examine this conception of law. 10. Propose a classification of the various functions of government....
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