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Synopsis
Elements Of Law Considered With Reference To Principles Of General Jurisprudence by William Markby is a rigorous English treatise that treats law as a science rather than merely a craft. Markby surveys the nature of law in a political society, defines sovereignty, and explains the lawyer’s business of interpreting commands issued by the sovereign. He surveys the sources of law—legislation, judicial decisions (auctoritas), commentaries, and custom—and analyzes their proper authority, as well as the relation of divine law, moral law, and natural law to positive law. Through discussions of contract, delict, equity, and the processes of legal reasoning, Markby compares English and Continental systems, especially Roman law as a guiding framework, while acknowledging colonial contexts such as India. The work emphasizes the need for systematic university teaching of law, and it examines the evolving role of judges, precedent, and the balance between flexible equity and stable statutes. The book forms a foundational study of general jurisprudence and its practical implications across jurisdictions.
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Elements of Law Considered With Reference to Principles of General Jurisprudence
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Elements of Law Considered With Reference to Principles of General Jurisprudence
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ISBN 10: 0371603544
ISBN 13: 9780371603543
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