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Early names of Law : Roman. Jus not jussum. True derivation of jus.
Early usage of jus. Judex and judicare. Summary. Jura. Jus=right.
Derivation of Jus =right. Justus.
Early names of Law: Roman (continued). Lex. Derivation of lex.
Lex publica, legare, lex mancipi. Summary as to lex and lex publica. Lex=
body of law.
Early names of Law : Greek. Antiquity of Hellenic literature. Déjs.
θέμιστες. Summary. δίκη in early usage. Derivation of δίκη. νόμος Or
Early names of Law : Teutonic. Moeso-Gothic: Witoth. Early English
Unconscious definition: Summary. Pervading idea of Law. Austin's
Definition : Law as a rule of human conduct. Blackstone. Montes-
Definition : Law as to the motive for obedience. An ulterior motive to
action. Motive, what? The Law of Nature. Austin's Law of Nature.
Philosophical Law of Nature. Paulus. Modern Emotional Intuitionism.
Grotius. Hobbes. Blackstone. Bentham's Physical Sanctions. Utilita-
Definition : Law as to its Sanction. Grotius' Voluntary law. Grotius
compared with Hobbes and Blackstone. Law of God not law in the ordinary
Positive law, what? Sanction not remuneratory. Explanation of
the term Sanction. Conclusion.
Definition of Law: Conclusion. The general object of Law. The Sanc-
PART II., pp. 196—394.
THE FORM OF LAW.
Case-Law: its general character, history and authority. Case or “ju-
diciary” Law. Authority of Case-Law with the Romans. Cicero. Digest.
Imperial Constitutions. Blackstone on the Rescripts. Authority of modern
Special Characteristics of Case-Law: the Grounds of Judicial Decision.
Hale’s Constituents of the Common Law. Application of existing rules.
Interpretation Authoritative or Doctrinal. Mode and means of Interpreta-
tion, Context. Ratio Legis. Intrinsic Merit. Spurious Interpretation.
Austin on Spurious Interpretation. Its history. The term Equity as
applied to Interpretation. The “Reason of the thing” or Equity. Pre-
Special characteristics of Case-Law: the Application of a Precedent.
Austin's Judiciary Law. Practical application of Precedents. Cessante
ratione legis, cessat lex ipsa. Analogy. Competition of opposite ana-