Higher Nationality: A Study in Law and EthicsJohn Murray, 1913 - 45 pages |
Other editions - View all
Common terms and phrases
affairs alike AMERICAN BAR ASSOCIATION Anglo-Saxon appears assemblage Athenian atmosphere Bar Association Bentham binding Britain called Canada character citizens common ideal common interest confined contract Courts Crito develop early English ecclesiastical chancellors embodied ends and ideals English Common Law ethical EX LIBRIS 289 explicitly conscious fashion five shillings forms of action Goethe grow habit in conduct habit of mind habit of thought hand HIGHER NATIONALITY history and spirit influence jurisprudence justice King's LAW AND EQUITY lawyers live look Lord Chancellor ment modern Montreal moral moulded neighbours obligations occasion peace Plato principles Privy Council Quebec realise recognise Renan Rousseau rules of conduct Seal sextary SHALT BE BUILT SIGILLVM Sittlichkeit Social Contract social institutions Socrates Sovereign special relation sphere spoken terms of society Themistocles things three countries three nations to-day tradition and spirit treaty United United Kingdom UNIVERSITY OF CALIFORNIA writs
Popular passages
Page 12 - 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, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
Page 36 - Europe as being, for intellectual and spiritual purposes, one great confederation, bound to a joint action and working to a common result; and whose members have, for their proper outfit, a knowledge of Greek, Roman, and Eastern antiquity, and of one another.
Page 35 - is enslaved neither by his race, nor by his religion, nor by the course of rivers, nor by the direction of mountain ranges. A great aggregation of men, sane of mind and warm of heart, creates a moral consciousness which is called a nation.
Page 12 - So great is the ascendancy of the law of actions in the infancy of courts of justice that substantive law has at first the look of being gradually secreted in the interstices of procedure, and the early lawyer can only see the law in the envelope of its technical form.
Page 37 - There are signs that the best people in the best nations are ceasing to wish to live in a world of mere claims, and to proclaim on every occasion "Our country, right or wrong.
Page 26 - But it has yet higher forms in which it approaches very nearly to the level of the obligation of conscience, although it is distinct from that form of obligation. I will try to make clear what I mean by illustrations. A man may be impelled to action of a high order by his sense of unity with the society to which he belongs, action of which, from the civic standpoint, all approve. What he does in such a case is natural to him, and is done without thought of reward or punishment ; but it has reference...
Page 24 - What, to begin with," he says, " does ' Sitte ' signify, and in what sense do we use the word ? It means for us, and means in every accurate reference we make to it, those principles of conduct which regulate people in their relations to each other, and which have become matter of habit and second nature at the stage of culture reached, and of which, therefore, we are not explicitly conscious. Principles, we call them, because we do not refer to the sort of conduct that is casual or is determined...
Page 37 - ... barbarism which once looked to conquest and the waging of successful war as the main object of statesmanship, seems as though it were passing away. There have been established rules of International Law which already govern the conduct of war itself, and are generally observed as binding by all civilized people, with the result that the cruelties of war have been lessened. If practice falls short of theory, at least there is to-day little effective challenge of the broad principle that a nation...
Page 28 - ... yourself, your friends, your country, and us, we shall be angry with you while you live, and our brethren, the laws in the world below, will receive you as an enemy; for they will know that you have done your best to destroy us. Listen, then, to us and not to Crito.
Page 37 - ... point of view as well as their own. There is apparent at least a tendency to seek for a higher standard of ideals in international relations. The barbarism which once looked to conquest and the waging of successful war as the main object of statesmanship, seems as though it were passing away. There have been established rules of International Law which already govern the conduct of war itself, and are generally observed as binding by all civilized people, with the result that the cruelties of...