Jurisprudence
By James Mill
()
About this ebook
Read more from James Mill
Jurisprudence (Essay) Rating: 0 out of 5 stars0 ratingsAnalysis of the Phenomena of the Human Mind Rating: 0 out of 5 stars0 ratings
Related to Jurisprudence
Related ebooks
Trial by Fury: Restoring the Common Good in Tort Litigation Rating: 0 out of 5 stars0 ratingsThe Common Law Rating: 4 out of 5 stars4/5The Nature of the Judicial Process Rating: 4 out of 5 stars4/5The Essentials of American Constitutional Law Rating: 0 out of 5 stars0 ratingsThe Law of the Land: The Evolution of Our Legal System Rating: 4 out of 5 stars4/5The Common Law Rating: 4 out of 5 stars4/5Reason in Law Rating: 0 out of 5 stars0 ratingsFake Law: The Truth About Justice in an Age of Lies Rating: 4 out of 5 stars4/5The Law Rating: 4 out of 5 stars4/5Ethics: A Lawyer’s Perspective with Case Studies Rating: 0 out of 5 stars0 ratingsThe Origins of the Trust Rating: 0 out of 5 stars0 ratingsSecrets of Criminal Defense Rating: 5 out of 5 stars5/5Hot Topics in the Legal Profession: 2017 Rating: 0 out of 5 stars0 ratingsPleading Not Guilty in a Criminal Matter Rating: 0 out of 5 stars0 ratingsGorilla Lawfair: A Pro Se Litigation Manual Rating: 0 out of 5 stars0 ratingsThe Causes of Law Rating: 4 out of 5 stars4/5Justice vs. Law Rating: 5 out of 5 stars5/5The Devil's Advocates: Greatest Closing Arguments in Criminal Law Rating: 4 out of 5 stars4/5Civil Collaborative Law: The Road Less Travelled Rating: 0 out of 5 stars0 ratingsA Law Career Is the Smart Way: To Avoid the Evil Economic Trio of Outsourcing, Globalization and Declining Standard of Living Rating: 0 out of 5 stars0 ratingsEquality under the Constitution: Reclaiming the Fourteenth Amendment Rating: 5 out of 5 stars5/5The Constitution and What It Means Rating: 0 out of 5 stars0 ratingsAdministrative Law Rating: 0 out of 5 stars0 ratingsThe Law (in Plain English) for Small Business (Sixth Edition) Rating: 0 out of 5 stars0 ratingsThink Like a Lawyer: the Art of Argument for Law Students Rating: 0 out of 5 stars0 ratingsEvolutions of a Law Practice: How I Opened My Own Practice Right Out of Law School Rating: 0 out of 5 stars0 ratingsCourts and Procedure in England and in New Jersey Rating: 0 out of 5 stars0 ratingsThe Chickenshit Club: Why the Justice Department Fails to Prosecute Executives Rating: 5 out of 5 stars5/5The Four Mistakes: Avoiding the Legal Landmines that Lead to Business Disaster Rating: 1 out of 5 stars1/5History and Power in the Study of Law: New Directions in Legal Anthropology Rating: 3 out of 5 stars3/5
Politics For You
On Palestine Rating: 4 out of 5 stars4/5Freedom Is a Constant Struggle: Ferguson, Palestine, and the Foundations of a Movement Rating: 4 out of 5 stars4/5The Real Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health Rating: 4 out of 5 stars4/5The Republic by Plato Rating: 4 out of 5 stars4/5Fear: Trump in the White House Rating: 4 out of 5 stars4/5The Devil's Chessboard: Allen Dulles, the CIA, and the Rise of America's Secret Government Rating: 5 out of 5 stars5/5How to Hide an Empire: A History of the Greater United States Rating: 4 out of 5 stars4/5Nickel and Dimed: On (Not) Getting By in America Rating: 4 out of 5 stars4/5The End of the Myth: From the Frontier to the Border Wall in the Mind of America Rating: 4 out of 5 stars4/5The Madness of Crowds: Gender, Race and Identity Rating: 4 out of 5 stars4/5Son of Hamas: A Gripping Account of Terror, Betrayal, Political Intrigue, and Unthinkable Choices Rating: 4 out of 5 stars4/5The Cult of Trump: A Leading Cult Expert Explains How the President Uses Mind Control Rating: 3 out of 5 stars3/5Capitalism and Freedom Rating: 4 out of 5 stars4/5Daily Stoic: A Daily Journal On Meditation, Stoicism, Wisdom and Philosophy to Improve Your Life Rating: 5 out of 5 stars5/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5This Is How They Tell Me the World Ends: The Cyberweapons Arms Race Rating: 4 out of 5 stars4/5Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law Rating: 5 out of 5 stars5/5Speechless: Controlling Words, Controlling Minds Rating: 4 out of 5 stars4/5Gaza in Crisis: Reflections on the U.S.-Israeli War on the Palestinians Rating: 4 out of 5 stars4/5The Humanity Archive: Recovering the Soul of Black History from a Whitewashed American Myth Rating: 4 out of 5 stars4/5The Great Reset: And the War for the World Rating: 4 out of 5 stars4/5The U.S. Constitution with The Declaration of Independence and The Articles of Confederation Rating: 5 out of 5 stars5/5The Quest for Cosmic Justice Rating: 5 out of 5 stars5/5The Gulag Archipelago [Volume 1]: An Experiment in Literary Investigation Rating: 4 out of 5 stars4/5The Girl with Seven Names: A North Korean Defector’s Story Rating: 4 out of 5 stars4/5A Letter to Liberals: Censorship and COVID: An Attack on Science and American Ideals Rating: 3 out of 5 stars3/5
Reviews for Jurisprudence
0 ratings0 reviews
Book preview
Jurisprudence - James Mill
JURISPRUDENCE
………………
James Mill
WAXKEEP PUBLISHING
Thank you for reading. In the event that you appreciate this book, please show the author some love.
This book is a work of nonfiction and is intended to be factually accurate.
All rights reserved. Aside from brief quotations for media coverage and reviews, no part of this book may be reproduced or distributed in any form without the author’s permission. Thank you for supporting authors and a diverse, creative culture by purchasing this book and complying with copyright laws.
Copyright © 2015 by James Mill
TABLE OF CONTENTS
Jurisprudence
By James Mil
Section I.
Section II.
Section III.
Section IV.
Section V.
Section VI.
Section VII.
JURISPRUDENCE
………………
BY JAMES MIL
………………
SECTION I.
………………
THE END OF JURISPRUDENCE, VIZ. the Protection of Rights.—Importance of the Inquiry, as involving Human Happiness.—Confusion in the vulgar uses of the word Right.—Use of the term Right, in the Science of Jurisprudence.—The principal ideas involved in the Jurisprudential sense of the word Right.—All Rights respect Objects desired; and desired as means to an end.—The Objects of Rights are twofold, viz. either Persons or Things.—Rights, when closely inspected, mean Powers—legalized Powers.—Powers over Persons, and Powers over Things.—Every Right imports a corresponding Obligation.—No Creation of Good, by Rights, without the Creation of Evil.
THE object and end of the science which is distinguished by the name of Jurisprudence, is the protection of rights.
The business of the present discourse is, therefore, to ascertain the means which are best calculated for the attainment of that end.
What we desire to accomplish is, The protection of rights: What we have to inquire is, The means by which protection may be afforded.
That rights have hitherto been very ill protected, even in the most enlightened countries, is matter of universal acknowledgment and complaint. That men are susceptible of happiness, only in proportion as rights are protected, is a proposition, which, taken generally, it is unnecessary to prove. The importance of the inquiry, therefore, is evident.
It is requisite, as a preliminary, to fix, with some precision, what we denote by the expression rights. There is much confusion in the use of this term. That disorderly mass, the Roman law, changes the meaning of the word in stating its division of the subject, Jura Personarum, and Jura Rerum. In the first of these phrases, the word Jura means a title to enjoy; in the second, it must of necessity mean something else, because things cannot enjoy. Lawyers, whose nature it is to trudge, one after another, in the track which has been made for them, and to whose eyes, that which is, and that which ought to be, have seldom any mark of distinction, have translated the jargon into English, as well as into other modern languages.
This is not all the confusion which has been incurred in the use of the word right. It is sometimes employed in a very general way, to denote whatever ought to be; and in that sense is opposed to wrong. There are also persons—but these are philosophers, pushing on their abstractions—who go beyond the sense in which it is made to denote generally whatever ought to be, and who make it stand for the foundation of whatever ought to be. These philosophers say, that there is a right and a wrong, original, fundamental; and that things ought to be, or ought not to be, according as they do, or do not, conform to that standard. If asked, whence we derive a knowledge of this right and wrong in the abstract, which is the foundation and standard of what we call right and wrong in the concrete, they speak dogmatically, and convey no clear ideas.[¹] In short, writers of this stamp give us to understand, that we must take this standard, like many other things which they have occasion for, upon their word. After all their explanations are given, this, we find, is what alone we are required, or rather commanded, to trust to. The standard exists,—Why? Because they say it exists; and it is at our peril if we refuse to admit the assertion. They assume a right, like other despots, to inflict punishment, for contumacy, or contempt of court. To be sure, hard words are the only instruments of tyranny which they have it in their power to employ. They employ them, accordingly; and there is scarcely an epithet, calculated to denote a vicious state of the intellectual, or moral part, of the human mind, which they do not employ to excite an unfavourable opinion of those who refuse subscription to their articles of faith.
With right, however, in this acceptation, we have at present, no farther concern than to distinguish it clearly from that sense in which the word is employed in the science of jurisprudence. To conceive more exactly the sense in which it is employed in that science, it is necessary to revert to what we established, in the article Government, with regard to the end or object of the social union, for to that, every thing which is done in subservience to the social union, must of course bear a reference.
In that article it appeared, that, as every man desires to have for himself as many good things as possible, and as there is not a sufficiency of good things for all, the strong, if left to themselves, would take from the weak every thing, or at least as much as they pleased; that the weak, therefore, who are the greater number, have an interest in conspiring to protect themselves against the strong. It also appeared, that almost all the things, which man denominates good, are the fruit of human labour; and that the natural motive to labour is the enjoyment of its fruits.
That the object, then, of the social union, may be obtained; in other words, that the weak may not be deprived of their share of good things, it is necessary to fix, by some determination, what shall belong to each, and to make choice of certain marks by which the share of each may be distinguished. This is the origin of right. It