kinds of codification in jurisprudence

Found inside – Page 1063... to law of the same kind formed on an undigested chaos . It would itself be no more than an interpretation of , and complement to , the code . The projected code might be extended to Ireland , Scotland , etc .: codifying , in each instance , the ... Found inside – Page 17Indeed, in his Lectures he carefully analyzed the need for codification ... movement toward development of a "scientific jurisprudence" in the latter ... Found inside – Page 5721 two forms — to be codified and expressed in the form of an international convention , to which all civilised states have ... International law is further divisible into two kinds , which may be distinguished as the common law of nations and the ... Found inside... of a kind that would be resolvable only through extralegal considerations, ... In Britain, Jeremy Bentham argued the case for codification as part of ... The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has ... Found insideThus when we consider jurisprudence in India – from Constitutional law and its ... The codification of these concepts like 'Hindu Law' and 'Muslim Law' of ... Found inside – Page 367terials with reference to the types of legal ordering and so as to bring out their ... the codified law of Continental Europe and its derivatives, ... Found inside – Page 47However it is something more than a species of international morality , though it may ... Codification of International Law1 There has been codification of ... Found inside – Page 331The pre - Justinian Codices had never been subjected to exegesis of such a kind . Imposing as is Justinian ' s codification , the jurisprudence which grew out of it is of a lower order . Little as one can overlook our debt to it , it served in countless ... Found inside – Page 381It is perfectly possible for statutes to be drawn comprehensively , so as to include genera rather than species of cases ” . ... be taken in view But this is the question of codification by divisions of law or in toto , on which I have to speak hereafter . Found inside – Page 6521 When an absolute monarchy is ruled by a man who is anxious to secure a codification of the laws , and is a good judge of human nature , and understands the subject well enough to know what kind of a man can best take it up , then we may ... The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence ... Found inside – Page 143Codification then provides a suitable means of starting from scratch by approaching the law as a whole and allowing a minimum of the ... This kind of statutory clarification was put to good effect in the American codes and Revised Statutes . Found inside – Page 316It depends on what conception we form of how we are to set about the work of Codification , and how we are to carry it ... it clear that in whatever efforts we make towards a Code of some kind or other we must abandon the idea of a final Code . Found inside... whatever the species of bonus, there may be a bar, but it is quite conceivable that the codification may be of everything relating to profit bonus in ... Found inside – Page 652i When an absolute monarchy is ruled by a man who is anxious to secure a codification of the laws , and is a good judge of human nature , and understands the subject well enough to know what kind of a man can best take it up , then we may ... Found inside – Page 240Montreal 1811 Revue de législation et de jurisprudence et collection de ... Reports of Cases argued and determined in the Courts of Kings Bench and in the ... Found inside – Page 492... and in the appendix to that Report have brought together every species of ... Law with the general question of Codification , than which few questions ... Found inside – Page 198CHAPTER XV Codification . SYNOPSIS 1. Its meaning . 2. Kinds of codification . 3. Purpose of codification . 4. Advantages of codification : 5. Disadvantages of codification . 1. Its meaning : - According to the Oxford Dictionary " code is a ... Found inside – Page 289SHOULD INTERNATIONAL LAW BE CODIFIED ? AND IF SO , SHOULD IT BE DONE ... All international law is made , not by any kind of legislation but by agreement . Found inside – Page 39He pursued the cause of codification with passion and industry, ... we would all be better off if we learned to distinguish between different kinds of laws. Found inside – Page 266During his discussion of German objections to codification, Austin observed that “Bentham belongs strictly to the historical school of jurisprudence. Found inside – Page 652I When an absolute monarchy is ruled by a man who is anxious to secure a codification of the laws , and is a good judge of human nature , and understands the subject well enough to know what kind of a man can best take it up , then we may ... Found inside – Page 160... constitutive rule is itself institutionalized by codification (a general and perhaps metaphorical term, of which legal codification is but one kind). Found inside – Page 78Il faut signaler en outre que la première tentative de codification allemande se heurta à l ' opinion publique ainsi qu ' à celle des milieux d ' affaires , car la première Commission ne sonda jamais l ' opinion publique ni les milieux industriels . Found inside – Page 308The question of codification ' considered in the abstract is certainly settled today so far as continental Europe is ... of many practitioners , but few if any English lawyers today seem to object to the kind of partial codification which exists . Found inside – Page 325Codes may also be introduced in systems which have exhausted their powers of development . Codification is said to provide a ' fresh start ' , but this must not be misunderstood . ' Fresh start ' cannot mean an entirely new kind of law , for , in ... Found inside – Page 45Codification . Meanings of the term . Ist view . Certainty and publicity the chief objects . a . Republication of the whole mass of existing law of every kind . b . Separate codification of statute and case law , adhering as closely as possible to the ... Found inside – Page 122A kind of codification could , therefore , be accomplished by giving a quasi - statutory force to their writings in preference to other and older jurists , such as Scaevola and Sabinus , whose writings were only to be used , if they — in the words of ... Found inside – Page 652i When an absolute monarchy is ruled by a man who is anxious to secure a codification of the laws , and is a good judge of human nature , and understands the subject well enough to know what kind of a man can best take it up , then we may ... Found inside – Page 317... 2.6 Attic code 13.9.3 Augustine 4.3.1 Austin, codification, on 27.1 criticisms of, 10.6, 10.9 influence of, 10.9 law as command, 10.2.2 laws, types of, ... Found inside – Page 575legislation and on codification and legislative technique. ... of lawmaking makes it necessary to systematize two types of statements (Ziembiński 1980). Found inside – Page 284Immense superiority of judiciary law formed on a systematic whole , to law of the same kind formed on an undigested chaos . ... codifying , in each instance , the particular or local law , which would be applicable in preference to the code . Found inside – Page 299The demand for a codification of English law is not new: Bentham and Austin argued for an overhaul of the law which would remove the excesses of judicial ... Found inside – Page 1028Immense superiority of judiciary law formed on a systematic whole , to law of the same kind formed on an undigested chaos . ... codifying , in each instance , the particular or local law , which would be applicable in preference to the code . Found inside – Page 136... constitutional interpretation because it is not an approach we usually associate with a written constitution, or indeed with codified law of any kind. Found insideOn the need for communities with common methods of interpretation, see Mattei U, 'The Issue of European Civil Codification and Legal Scholarship: Biases, ... Found inside – Page 652i When an absolute monarchy is ruled by a man who is anxious to secure a codification of the laws , and is a good judge of human nature , and understands the subject well enough to know what kind of a man can best take it up , then we may ... Found inside – Page 30... cautious in this atmosphere not to propose any recasting of the content of the common law which might imply any kind of codification on Romanist lines. Found inside – Page 379... as advocates of codification must admit it to be , to a certain considerable extent at least , desirable ; but which , at any ... matter of our law be thoroughly changed , with which would our codified jurisprudence stand in the closest connection ? Found inside – Page 54He pins his faith on the kind of codification Savigny despised . All law should be purposively , deliberately , rationally created by legislative means . Found inside – Page 117remarks — not discussing codification in the concrete , for that would involve a number of particular considerations which do not ... For they would be so expressed as to apply to all cases of the species , and not limited to the cases , with their ...

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