PART Ⅰ NATURE OF THE LAW 1
INTRODUCTION 1
Analytic study of legal conceptions 1
Classification and definition 3
Value of concrete instances 4
CHAPTER Ⅰ LEGAL RIGHTS AND DUTIES 7
Rights and duties in general 7
Ambiguity of word "right" 8
Relation of public opinion to rights 9
Legal rights and duties 12
Legal and moral rights 12
"Legal duty" 15
The term "just" 16
Protected interests and rights 17
Ways of protecting interests 19
Right to a defence 20
Intervention of administrative officers 22
Free will and legal rights 23
Free will and legal duties 24
CHAPTER Ⅱ LEGAL PERSONS 27
The term "person" 27
Normal human beings 28
Abnormal human beings 29
Fictions in the Law 30
In the Common Law 31
Disuse of fictions 35
Dogmatic fictions 36
Attribution of will to abnormal human beings 37
Unborn children 38
Supernatural beings 39
Animals as having rights 42
Animals as subject to duties 44
Inanimate things as having rights 46
Inanimate things as subject to duties 46
Juristic persons 49
Corporations 50
Is a corporation a real thing? 52
Has a corporation a real will? 54
Creation of corporations 56
Corporations sole 57
Stiftungen 58
The fiscus 60
Hereditas jacens 61
Ihering's doctrine of passive rights 61
CHAPTER Ⅲ THE STATE 65
The State an artificial person 65
Creators of the State 67
Power of the State 69
Theory of divine origin of the State 70
"Might is right" 71
The social contract 72
Sovereignty 74
In the United States 76
Idea of a Sovereign unnecessary 79
Legal rights of the State 79
Partial exercise of power to create rights 81
CHAPTER Ⅳ THE LAW 84
Definition of the Law 84
Law as the command of the Sovereign 85
"A Law" and "The Law" 87
Law in the consciousness of the people 89
Opinions of jurists 90
Judges as discoverers of the Law 93
Only what the Judges lay down is Law 93
Questions not previously decided 96
No Law previous to decision 98
Courts make ex post facto Law 99
Law and the Natural Sciences 101
Decisions as conclusive evidence of the Law 101
Law distinguished from other rules for conduct 104
The Law not always obeyed 105
The Law consists of rules made by the State 107
Laws of bodies other than the State 108
The Church of England 109
General administrative rules are laws 110
CHAPTER Ⅴ The Coubts 113
Office of a Judge 113
Power to enforce decisions not essential 115
Difference ot opinion between courts 116
Independent coordinate courts 118
Independent courts for different matters 118
Courts with limited right of appeal 119
Limits of judicial power 121
Indication of sources of Law 123
Statutes as a source of Law 124
CHAPTER Ⅵ THE LAW OF NATIONS 128
Relation between nations 126
"International Law" 127
"Private International Law" 128
Is International Law really Law? 130
Law in becoming 131
CHAPTER Ⅶ JUBISPBUDENCE 133
Particular Jurisprudence 133
Comparative Jurisprudence 134
General Jurisprudence 135
Supposed necessary principles of Law 136
Deontological or ethical element 139
Ethical element necessary 141
Ethical element in Comparative Jurisprudence 143
Jurisprudence as a purely formal science 144
Essence of Jurisprudence is method 147
Principles common to two systems 148
Historical Jurisprudence 150
PART Ⅱ SOURCES OF THE LAW 152
CHAPTER Ⅷ STATUTES 152
Legislatures 152
Various designations of statutes 153
Rules of bodies other than the State 155
"Autonomy" in German Law 158
Form of statutes 159
Generality of statutes 161
Foreign statutes 162
Enactment of statutes: Civil Law 162
English Law 167
In the United States 168
Interpretation of statutes 170
The Judge has the last word 171
Legislative intent frequently non-existent 172
Rules of construction for deeds and wills 173
Methods of interpretation of statutes 176
Rules of the Common Law 178
Interpretation of the Twelve Tables 180
Power of courts over statutes 181
When amendment is difficult, interpretation is free 183
Interpretation of compilations 186
Legislative interpretation 187
Desuetude of statutes 189
Civil Law 190
Common Law 193
English statutes in America 196
Desuetude of statutes in the United States 197
CHAPTER Ⅸ JUDICIAL PRECEDENTS 198
Precedents in general 198
Judicial Precedents as sources of Law 200
Roman Law 200
German Law 205
French Law 210
Scotch Law 210
English Law 211
The Year Books 213
Early reporters 215
Decisions in same or coordinate court 216
House of Lords bound by its own decision 217
Decision in higher court 217
Are decisions sources of Law? 218
Blackstone's theory 219
Historically judges make Law 224
Consequences of Blackstone's theory 226
Municipal bond cases 227
Sense in which rule must exist before decision 230
Decisions often change the Law 231
Mr. Carter's theory 233
Judge-made Law and the Sovereign 233
Law as created by custom 235
Often no custom before decisions 236
Part played by individual judges 239
CHAPTER ⅩJUDICIAL PRECEDENTS IN THE UNITED STATES 241
Decision in same or coordinate court 241
No court bound absolutely by its own decision 242
Decision in higher court 243
Decision in another State 243
English decisions 244
Decisions as sources of Law: Federal and State Courts 248
Swift v. Tyson 251
Inconsistent with any theory 254
Municipal bond cases 256
CHAPTER ⅪOPINIONS OF EXPERTS 260
Opinions of experts as sources of Law 260
Obiter dicta of Judges 261
Text writers 262
Comparative weight of different jurists: In the Civil Law 263
In the Common Law 266
Necessity of some authority besides statutes 267
Comparison of the Civil and the Common Law 268
Practical differences of method 272
Dangers of imaginary cases 276
Multitude of theories in the Civil Law 278
Advantages of judicial decisions as authorities 279
Increasing importance of the jurist 280
CHAPTER Ⅻ Custom 282
Custom as a source of Law 282
Mr. Carter's view 283
Custom is not opinion 285
Morality rather than custom the guide 287
Adjective Law independent of custom 291
Custom important: In interpretation 292
In questions of negligence 293
Judicial decisions most frequently lie at origin of Law 294
Miners' customs 296
Custom often arises from judicial decisions 297
Custom as evidence of the Law 299
Decisions often independent of custom 300
CHAPTER ⅩⅢ MORALITY AND EQUITY 302
Morality a necessary source of Law 302
Scope of term "morality" 303
Morality as a topic for Jurisprudence 303
The test of morality 305
Equity 307
Relation of Law to morality 308
APPENDIX Ⅰ PII USUS IN THE LATEB ROMAN EMPIBE 310
APPENDIX Ⅱ HEREDITAS JACENS 315
APPENDIX Ⅲ Reception of the Roman Law 320
APPENDIX Ⅳ Autonomy 325
APPENDIX Ⅴ Desuetude of Statutes in the United States 329