Sir John William Salmond KC (3 December – 19 September ) was a legal scholar, Two of these in particular, Salmond on Jurisprudence and Salmond on Torts, are regarded as legal classics. English emigrants to New Zealand · People educated at Otago Boys’ High School · New Zealand lawyers · University. Fundamentals of English Jurisprudence: Salmond’s English Jurisprudence [Syed Gilani] on *FREE* shipping on qualifying offers. Jurisprudence. SECTION PAGE 1 Jurisprudence as the Science of Civil Law. 1. Theoretical or General Jurisprudence. 2. Analytical Historical and Ethical Jurisprudence. 3.

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Interestingly, more recently we find a developing judicial tendency to require a more complete and free demonstration of public support for a usurping regime, in cases such as Mitchell from the Caribbean in and, closer to home, the Prasad case from Fiji in It must be faced that one of the dangers of that line of legal philosophy, which includes Hobbes, Bentham, and Austin — sometimes dubbed “the imperative theory of law”— is its tendency to elevate the law-giver beyond legal obligation.

Jurisprudence by John William Salmond. Want to Read saving…. Just a moment while we sign you in to your Goodreads account. The Carswell Company, limited; [etc.

View the front pages for Volume Lord Macmillan, juisprudence example, said: Southern Juristabove n 10, and Demands today that the State withdraw from this or that activity are likely to be overtaken tomorrow by indignant questions of the “what is the gu’ment doing about it? More importantly, underlying the proposal is the concept of “necessity” as an ultimate justification. There also lies Carl Schmitt’s “sovereign” with the power to “decide the exception”, which we will consider in more detail in section VII salmojd.

John Salmond (judge)

He is described as an “English” and even an “Australian” jurist. Southern Jurist, above n 10, We believe this work is culturally important, and despite the imperfections, have elected to bring it back into pri This is a reproduction of a book published before For the Solicitor-General, it is advisor to the executive branch which must govern, and in war prevail; for His Majesty’s Judge, it is the interpretation and application of law with impartiality even if the interests of the executive branch are affected; for the legal thinker and writer, it is the rigorous intellectual analysis of fundamental concepts wherever that leads.

Although Prasad was of course about the legal survival of the Fiji Constitution following the coup, it also considered the circumstances in which “necessity” might justify state officials in taking extra-constitutional actions.


Salmond’s recommendation that powers be taken for war censorship had gone unheeded by his political superiors, but he had added that, in the meantime, the authorities “should assume without question that full power exists for the censorship of all postal and telegraphic communications whatever”.

Henry added it Feb 11, Fari Malik rated it it was ok Aug 20, William Pitt told the House of Commons juris;rudence 18 November that “[n]ecessity is the plea for every infringement of human freedoms. The difficulties in convening courts to sit, in some cases in outer islands, meant that several weeks would elapse before Parliament could meet. What I think we are obliged to say is that Sir John Salmond understood the importance of different roles in the world of law and the need for each role to be played faithfully.

In Salmond was appointed professor of law at the Jurisprudennce of Adelaide. A question arises whether the proviso intended that authorisation and permission could come only from an Act of Parliament, or whether it contemplates that other forms of subsidiary legislation could meet the requirement in appropriate circumstances. His translator George Schwab explains in his introduction that Schmitt focused his attention on crises in a State’s existence, and on the process by which the decision is made that extra-legality is justified.

Their Lordships were called upon to determine whether the Government’s conclusion that there was a “public emergency threatening the life of the nation” could be reviewed by the Court. There are no discussion topics on this book yet. It jurisprudencee a feature of the political structure of many societies that the powers accorded to leaders and chiefs is greater in war, or in war-like circumstances, than in times of peace.

Mr Salmond will no doubt note the fact for his future guidance that Mr Ostler considers his practice of law considerably weaker than his knowledge, and apparently chides him for attempting to act jurisprydence master or dictator, instead of a public servant. Its success if challenged before the Courts, as well as the bar of public opinion, will require clear demonstration of the grave and imminent danger to the State and its people, and the absence of any other means of averting harm to the State and people of the Cook Islands.

Salmond on jurisprudence – Sir John William Salmond – Google Books

Thanks for telling us about the problem. The Attorney-General of the day, Herdman, subsequently defended, on the basis of necessity, Salmond’s instruction to the Kurisprudence Censor on 15 December that the post box of the Protestant Political Association be monitored and controlled. This could not juurisprudence the place to trace the development of the concept of the “State” in Western thought as an abstract embodiment of the underlying constitutional structure and social order.


Oliver Cromwell, who knew something of such matters, saw the dangers: Winfield and published posthumously inthese texts continue to serve as classics of legal writing. This book may have saljond imperfections such as missing or blurred pages, poor pictures, errant marks, etc.

Is it to be fiat justitia ruat coelum — uphold the letter of the law even if the world blows up? In he was appointed professor of law at the University of AdelaideSouth Australia, and in he returned to New Zealand to take up the founding chair in law at Victoria University CollegeWellington. The Attorney-General wheeled up his friend Professor Jurisprydence proto-Hohfeldian analysis to demonstrate that “rights” were a concession to the citizen by the State, to be granted or withheld in accordance with utilitarian calculus.

Having recited the dangers to the State, Herdman asked Members of Parliament: The question whether a jurispruudence of an international legal obligation is justified, juriwprudence only wholly or partly excused, by “necessity” has the appearance of being merely academic.

Ebook Jurisprudence by John William Salmond – read online or download for free

A more serious question might have arisen in respect of the subsequent issue whether the agents responsible for the outrage should have been prematurely repatriated to France from the concessional imprisonment on the island of Hao, in breach of the terms of the agreement, on the basis of alleged “medical emergency”. In the criminal law context, Stanley Yeo makes a distinction between “justificatory necessity” and “excusatory necessity”, pointing out that “a plea jurisprrudence excuse is relevant only after it has been determined that the actor’s conduct was unjustified and therefore wrong in society’s eyes.

In Salmond was appointed as Counsel to the Law Drafting Office where he remained for four years, until his appointment in as Solicitor-General.

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