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The sentences of the iudex were supposed to be simple interpretations of the traditional customs, but—apart from considering what traditional customs applied in each case—soon developed a more equitable interpretation, coherently adapting the law to newer social exigencies.The law was then adjusted with evolving institutiones (legal concepts), while remaining in the traditional mode.
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The papers have not been rewritten, but have been brought to date by footnotes.
A certain amount of repetition in the chapters on "Liability for the Consequences of a 'Negligent Act' " and "The Palsgraf Case" has unfortunately proved to be unavoidable as the same problem is discussed in both of them. Hollond, Chairman of the Cambridge Law Faculty, and Dr Arnold D.
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It espouses the use of a neutral point of view and descriptive language when referring to aspects of legal systems.
It encompasses such theories of jurisprudence as "legal positivism", which holds that there is no necessary connection between law and morality and that the force of law comes from basic social facts; and "legal realism", which argues that the real-world practice of law determines what law is, the law having the force that it does because of what legislators, lawyers, and judges do with it.
Goodhart Cambridge University Press Cambridge 1931 Goodhart, Arthur L.
Essays in jurisprudence and the common law / by Arthur L.