The principle of equity first came into evidence in Roman jurisprudence and was derived by analogy from the physical meaning of the word.
The government of England is a government of law. We betray ourselves, we contradict the spirit of our laws, and we shake the whole system of English jurisprudence, whenever we entrust a discretionary power over the life, liberty, or fortune of the subject to any man, or set of men, whatsoever, upon a presumption that it will not be abused.junius
I understand Justice Scalia's jurisprudence to begin with a proposition that we should all agree to — namely, that judges should try to interpret the law correctly, and without personal or political bias.sonia sotomayor
I find the speech in this case patently offensive, hateful, and insulting. The Court should not, however, gloss over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives because it is confronted with speech it does not like.sonia sotomayor
It would be a narrow conception of jurisprudence to confine the notion of 'laws' to what is found written on the statute books, and to disregard the gloss which life has written upon it.felix frankfurter
Of course, Scotsmen are not foreigners. They are fellow-subjects of ours, and they are in the same position as any other fellow-subjects, with the important exception that their system of jurisprudence differs in very important particulars from ours . . . and to call a Scotsman an English subject is a perfect absurdity.
I take it to be contrary to the first principles of English jurisprudence and English law that a man should be condemned unheard.
I will clarify a distinction that I consider fundamental to political ecology. I shall distinguish the environment as commons from the environment as resource. On our ability to make this particular distinction depends not only the construction of a sound theoretical ecology, but also and more importantly effective ecological jurisprudence.
Lewis blends a profound understanding of First Amendment jurisprudence and history with an enjoyable writing style that his readers have long come to admire. In our war-torn era where dissent and open-minded debate have become problematic, Lewis compels us to remember the crucial function free speech serves in our democratic form of government.
No one can have greater respect for the independence of the legislative power than I:;: but legislation does not mean finance, criticism of the administration, or ninety-nine out of the hundred things with which in England the Parliament occupies itself. The legislature should legislate, i.c., construct grand laws on scientific principles of jurisprudence, but it must respect the independence of the Executive as it desires its own independence to be respected. It must not criticise the Government, and, as its legislative labours are essentially of a scientific kind, there can be no reason why its debates should be reported."
There is no darker page in the annals of English jurisprudence than that which contains the law relating to bills of sale, for, recent as it is, it is illogical, uncertain, and fuller of doubts and difficulties than any other part of our law.
I cannot help observing, that many of those who have written in support of our ancient system of jurisprudence, the growth of the wisdom of man for so many ages, are not as they are alleged by some to be men writing from their closets without any knowledge of the affairs of life, but persons mixing with the mass of society, and capable of receiving practical experience of the soundness of the maxims they inculcate.
I am optimistic enough to believe that, one day, Stenberg v. Carhart will be assigned its rightful place in the history of this Court’s jurisprudence beside Korematsu and Dred Scott .
No one would dream of surrendering any practical security , for the advantages of which he is actually in possession, in deference of the a priori jurisprudence of a whole Academy of philosophers .
The appearance in nineteenth-century psychiatry, jurisprudence, and literature of a whole series of discourses on the species and subspecies of homosexuality, inversion, pederasty, and "psychic hermaphroditism" made possible a strong advance of social controls into this area of "perversity"; but it also made possible the formation of a "reverse" discourse: homosexuality began to speak in its own behalf, to demand that its legitimacy or "naturality" be acknowledged, often in the same vocabulary, using the same categories by which it was medically disqualified.Michel Foucault