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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Shivani Parashar rated it really liked it Oct 19, Jueisprudence 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. In fact, study of the Constitution shows that its drafters understood the distinction between “Act” and “Enactment” and used the terms with precision — sometimes in the same Article — as in instances 10 and 12 below.

Sujana Koirala rated it it was ok Aug 23, Salmond’s letter to Lord Bryce tells us something of jurusprudence jurist’s view of the proper relationship between State and subject: The Oxford Dictionary of Quotationsabove n 2,attributes the maxim “Necessitas non habet legem” to Publilius Jkrisprudence who lived in the first century BC.

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This is a reproduction of a book published before This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. Furthermore, when the present circumstances are placed alongside the test laid down by President Haynes in Mitchell as set out at paragraph 4. WellingtonNew Zealand.

Phillips 9 AugS. Findlay’s State was frankly bossy, impatient of Mill’s “individualism”, and determined to get on with the job of “improving” citizens, whether they liked it or not.

Abdallah Omar rated it really liked it Apr 28, Jeanet Jacob marked it as to-read Aug 11, The Carswell Company, limited; [etc. The records show that as early as Salmond had advised the Police to censor “anarchist literature”: Salmond was born in North ShieldsNorthumberlandEngland, the eldest son of William Salmond dieda Presbyterian minister and professor.

Another commentator throws light on the historical development of the justificatory and excusatory defences respectively. Chandu is currently reading it Aug 10, 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”.


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 as master or dictator, instead of a public servant. Although we may be entering a testing time for the control of “exceptionalism” and derogations from human rights provisions, there are some signs of recognition that the best stratagem might be openly to acknowledge the need for emergency powers and derogations but to provide mechanisms requiring reporting on the measures taken.

Salmond on jurisprudence – Sir John William Salmond – Google Books

In summary, the Cook Islands Government appears to be faced with a real problem to which the Constitution provides no explicit answer. That in the intervening period authorisation will be lacking to meet the wages, salaries and other expenditures required to run the core government services of health, education, police, customs, transport, and so on, unless there is “caretaker” bridging authorisation for expenditure until the passage of an Appropriation Bill by the new Parliament.

Australian Dictionary of Biography person text Tip: As for the occupation of property, an opinion of 20 November advised that the common law permitted the use of “such force … and such other measures as are reasonably deemed necessary … all such acts, although otherwise illegal, are justified in law by the necessity of the case”. Prasad [] 2 LRC Could France have argued that the bombing of the Rainbow Warrior by its agents in Auckland Harbour and the killing of a crew member was either justified, or wholly or partly excused, on the basis of “State necessity”?

Ministry for Culture and Heritage. Archived from the original on 21 July To ask other readers questions about Jurisprudenceplease sign up.

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? The writer’s book on Salmond’s life and times cited Salmond’s formal jurisprudecne to Prime Minister Massey in that extraordinary actions contemplated by the Government to control the industrial troubles of that time “although otherwise illegal, are justified in law by the necessity of the case”.


It is not in my view desirable that an official such as the Financial Secretary be left to take a necessity-based decision in contravention of the Constitution. Schmitt thought that these jurispruednce would lead the inquirer to the true locus of “sovereignty” in a State. One of the arguments of this Paper is that to collapse the steps by which prima facie illegality is either justified or excused plays into the hands of those who would put the State permanently and unreviewably in the meta-legal posture.

This advice would appear unexceptionable and supported by judicial authority. In the Prasad case, Justice Gates upheld the Constitution of Fiji against the coup of 19 May and its aftermath.

Catalog Record: The first principles of jurisprudence | Hathi Trust Digital Library

He played no great part in society or public affairs, preferring the pleasures of his own home. Mawra Raja marked it as to-read Apr 15, EW Gabites had been made a prisoner of war by Germany and, as a condition of his aalmond, had given his parole not to take part in military operations against Germany.

Deeksha added it Nov 17, He was an ardent Imperialist who represented New Zealand at nurisprudence international conference on disarmament in Washington in First publishedrevised The Law of Torts.

I had commented that: Fortunately, war is a relatively restricted category with obvious features. Retrieved 2 April He is described as an “English” and even an “Australian” jurist. What the Recording Angel wants to know is englisn you did on this planet, not what you didn’t.

Six of Salmond’s ten years as the principal legal adviser to the New Zealand Government were during or immediately following total world war in which the executive branch of government was accorded powers to regulate jurispruddence aspects of the national life without reference to Parliament or regard for existing statute law.

Sathyanarayanan D marked it as to-read Dec 12,

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