Elements Of Law: Considered With Reference To Principles Of General Jurisprudence by William Markby is a scholarly treatise that presents a university-level, systematic study of law as a science. Markby argues that law should be understood as a regular set of rules issued by the sovereign authority to the members of a political society, and he emphasizes the primacy of a general theoretical framework over purely practical legal skill. The work surveys the sources of law—written legislation, subordinate legislation, custom, judicial decisions, and jurists’ commentaries—and discusses the relationship between law and ethics, law’s origins, and the roles of legislators, judges, and commentators. It proceeds through Chapters on general concepts of law, the sources of law, the relations arising from law, and then moves to topics such as liability, ownership, possession, servitudes (easements), prescription and limitation, sanctions and remedies, and procedure. The text also engages with equity’s emergence and the interaction of civil and criminal processes, with the aim of providing a principled, historical, and systematic account of jurisprudence that can guide serious study.
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