A textbook of jurisprudence/ George whitecross Paton

By: Paton, George WhitecrossMaterial type: TextTextPublication details: New Delhi: Oxford University Press, 1972Edition: 4th edDescription: xvii, 659 p. ; 21 cmISBN: 9780195670653Subject(s): Jurisprudence | LawDDC classification: 340
Contents:
INTRODUCTION I The nature of jurisprudence 1. Introduction 2. The Schools of Jurisprudence 3. Bentham (1748-1832) 4. John Austin and the Imperative School 5. The Pure Science of Law 6.The Historical School 7. The Functional School 8. The Sociology of Law 9. The Teleological School 10. The Scandinavian Realists 11. Comparative Law 12. The Scope of Jurisprudence II. THE EVOLUTION OF LAW 13. The Primitive Community 14. Primitive Law 15. Middle Law 16. Classical Law 17. Post-classical Law III. THE DEFINITION OF LAW 18. Introduction 19. Law, Ethics, and Positive Morality 20. The Imperative Definition 21. The Problem of International Law 22. Definition of Law in Terms of the Judicial Process 23. Definition of Law in Terms of its Purpose 24. Formal Definitions of Law 25. Definition of Law as Social Fact 26. Conclusion THE PURPOSE OF LAW IV NATURAL LAW 27. Introduction 28. Greece 29. Rome 30. The Christian Fathers 31. The Middle Ages 32. The Seventeenth Century 33. Natural Rights 34. Modem Theories 35. The Common Law Approach V. LAW AS THE PROTECTION OF INTERESTS 36. The Problems of a Jurisprudence of Interests 37. Social Interests 38. Private Interests SOURCES OF LAW VI THE SOURCES OF LAW 39. Meaning of the Term Source VII. CUSTOM 40. Origin and Limits of Custom 41. The Common Law Approach VIII. THE JUDICIAL METHOD 42. Introduction 43. Law, Logic, and Science 44. The Facts and the Law 45. Precedent 46. Sources where there is no Authority 47. Fixity and Discretion 48 Principles, Standards, Concepts, and Rules IX STATUTES AND CODES 49. Comparison of Case Law and Statute 50. Consolidation 51. Statutory Interpretation in England 52. Codification 53. The Growing Importance of Statute Law 54. Law Reform X. JURISTIC WRITINGS AND PROFESSIONAL OPINION 55. Influence of Juristic Writings and Professional Opinion 56. The Function of the Textbook THE TECHNIQUE OF THE LAW XL CLASSIFICATION 57. The Purpose of Classification 58. Possible Methods of Classification 59. The Arrangement Adopted 60. Subordinate Classifications 61. Legal Personality—An Introductory Note XII. RIGHTS AND DUTIES 62. Analysis of a Right 63. Claim, Liberty, Power, Immunity 64. Absolute and Relative Duties 65. Classification of Legal Rights 66. The Creation and Extinction of Rights XIII. TITLES, ACTS, EVENTS 67. Titles or Operative Facts 68. An Act as the Basis of Liability in Crime and Tort 69. Juristic Acts 70. Types of Juristic Acts 71. Acts of the Law 72. Representation in a Juristic Act 73. Assignment PUBLIC LAW XIV. LAW AND THE STATE 74. Distinction between Public and Private Law 75. The Separation of Powers 76. Law and the State 77. The State as a Legal Person XV. CRIMINAL LAW 78. Introduction 79. Theories of Punishment 80. The Causes of Crime 81. Modes of Punishment 82. Analysis of Criminal Liability 83. Nulla poena sine lege PRIVATE LAW XVI The concept of legal personality 84. Introduction 85. The Nature of Legal Personality 86. Natural Persons 87. Status 88. Evolution of the Notion of Corporate Personality 89. Types of Incorporation 90. Theories of the Nature of Corporate Personality 91. Some Practical Problems 92. Associations XVII. RIGHTS CREATED BY A JURISTIC ACT 93. Introduction 94. Rights created by Agreement 95. Evolution of the Concept of Contract 96. Causa and Consideration 97. Theories of the Nature of a Contract 98. Sale and Hire-e-purchase 99. Modem Developments 100. Mistake, Misrepresentation, Duress 101. Unilateral Juristic Acts XVIII. RIGHTS DIRECTLY CREATED BY LAW 102. Introduction 103. Delict 104. Purpose of the Law of Delict 105. Standards of Care 106. Abuse of Rights 107. Functional Analysis 108. Quasi-contract 109. Unjust Enrichment XIX. REMEDIAL RIGHTS 110. Introduction 111. Types of Remedial Rights XX. EXTINCTION OF RIGHTS 112. Extinction of Rights XXI. THE CONCEPT OF PROPERTY 113. Introduction 114. Things 115. Dominium and Ownership 116. Ius in re aliena 117. The Trust 118. Analysis of Property in the Modern World 119. Theories of Property 120. Acquisition inter vivos 121. Succession on Death XXII. THE CONCEPT OF POSSESSION 122. Introduction 123. The Struggle of Convenience and Theory 124. Illustrative Cases and Rules 125. Analysis of Possession 126. Mediate and Immediate Possession XXIII. LAW OF PROCEDURE 127. Introduction 128. Summons 129. Pleading and Practice 130. Proof 131. Appeal
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General Books General Books Central Library, Sikkim University
General Book Section 		340 PAT/T (Browse shelf(Opens below)) Available P08647
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INTRODUCTION
I The nature of jurisprudence
1. Introduction
2. The Schools of Jurisprudence
3. Bentham (1748-1832)
4. John Austin and the Imperative School
5. The Pure Science of Law
6.The Historical School
7. The Functional School
8. The Sociology of Law
9. The Teleological School
10. The Scandinavian Realists
11. Comparative Law
12. The Scope of Jurisprudence

II. THE EVOLUTION OF LAW
13. The Primitive Community
14. Primitive Law
15. Middle Law
16. Classical Law
17. Post-classical Law

III. THE DEFINITION OF LAW
18. Introduction
19. Law, Ethics, and Positive Morality
20. The Imperative Definition
21. The Problem of International Law
22. Definition of Law in Terms of the Judicial Process
23. Definition of Law in Terms of its Purpose
24. Formal Definitions of Law
25. Definition of Law as Social Fact
26. Conclusion

THE PURPOSE OF LAW
IV NATURAL LAW
27. Introduction
28. Greece
29. Rome
30. The Christian Fathers
31. The Middle Ages
32. The Seventeenth Century
33. Natural Rights
34. Modem Theories
35. The Common Law Approach

V. LAW AS THE PROTECTION OF INTERESTS
36. The Problems of a Jurisprudence of Interests
37. Social Interests
38. Private Interests

SOURCES OF LAW
VI THE SOURCES OF LAW
39. Meaning of the Term Source

VII. CUSTOM
40. Origin and Limits of Custom
41. The Common Law Approach

VIII. THE JUDICIAL METHOD
42. Introduction
43. Law, Logic, and Science
44. The Facts and the Law
45. Precedent
46. Sources where there is no Authority
47. Fixity and Discretion
48 Principles, Standards, Concepts, and Rules

IX STATUTES AND CODES
49. Comparison of Case Law and Statute
50. Consolidation
51. Statutory Interpretation in England
52. Codification
53. The Growing Importance of Statute Law
54. Law Reform

X. JURISTIC WRITINGS AND PROFESSIONAL OPINION
55. Influence of Juristic Writings and Professional Opinion
56. The Function of the Textbook

THE TECHNIQUE OF THE LAW
XL CLASSIFICATION
57. The Purpose of Classification
58. Possible Methods of Classification
59. The Arrangement Adopted
60. Subordinate Classifications
61. Legal Personality—An Introductory Note

XII. RIGHTS AND DUTIES
62. Analysis of a Right
63. Claim, Liberty, Power, Immunity
64. Absolute and Relative Duties
65. Classification of Legal Rights
66. The Creation and Extinction of Rights

XIII. TITLES, ACTS, EVENTS
67. Titles or Operative Facts
68. An Act as the Basis of Liability in Crime and Tort
69. Juristic Acts
70. Types of Juristic Acts
71. Acts of the Law
72. Representation in a Juristic Act
73. Assignment

PUBLIC LAW
XIV. LAW AND THE STATE
74. Distinction between Public and Private Law
75. The Separation of Powers
76. Law and the State
77. The State as a Legal Person

XV. CRIMINAL LAW
78. Introduction
79. Theories of Punishment
80. The Causes of Crime
81. Modes of Punishment
82. Analysis of Criminal Liability
83. Nulla poena sine lege

PRIVATE LAW
XVI The concept of legal personality
84. Introduction
85. The Nature of Legal Personality
86. Natural Persons
87. Status
88. Evolution of the Notion of Corporate Personality
89. Types of Incorporation
90. Theories of the Nature of Corporate Personality
91. Some Practical Problems
92. Associations

XVII. RIGHTS CREATED BY A JURISTIC ACT
93. Introduction
94. Rights created by Agreement
95. Evolution of the Concept of Contract
96. Causa and Consideration
97. Theories of the Nature of a Contract
98. Sale and Hire-e-purchase
99. Modem Developments
100. Mistake, Misrepresentation, Duress
101. Unilateral Juristic Acts

XVIII. RIGHTS DIRECTLY CREATED BY LAW
102. Introduction
103. Delict
104. Purpose of the Law of Delict
105. Standards of Care
106. Abuse of Rights
107. Functional Analysis
108. Quasi-contract
109. Unjust Enrichment

XIX. REMEDIAL RIGHTS
110. Introduction
111. Types of Remedial Rights

XX. EXTINCTION OF RIGHTS
112. Extinction of Rights

XXI. THE CONCEPT OF PROPERTY
113. Introduction
114. Things
115. Dominium and Ownership
116. Ius in re aliena
117. The Trust
118. Analysis of Property in the Modern World
119. Theories of Property
120. Acquisition inter vivos
121. Succession on Death

XXII. THE CONCEPT OF POSSESSION
122. Introduction
123. The Struggle of Convenience and Theory
124. Illustrative Cases and Rules
125. Analysis of Possession
126. Mediate and Immediate Possession

XXIII. LAW OF PROCEDURE
127. Introduction
128. Summons
129. Pleading and Practice
130. Proof
131. Appeal

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