Jurisprudence

JURISPRUDENCE

                               _SALMOND_




                          _BY THE SAME AUTHOR_


                            THE LAW OF TORTS

     A TREATISE ON THE ENGLISH LAW OF LIABILITY FOR CIVIL INJURIES

                             THIRD EDITION

                                  1912


                     A SUMMARY OF THE LAW OF TORTS

  BEING AN ABRIDGEMENT, FOR THE USE OF STUDENTS, OF THE SAME AUTHOR’S
                      TREATISE ON THE LAW OF TORTS

                                  1912


                                 LONDON
                           STEVENS AND HAYNES




                             JURISPRUDENCE


                                   BY

                            JOHN W. SALMOND
                   SOLICITOR-GENERAL FOR NEW ZEALAND


                            =FOURTH EDITION=


                                 LONDON
                           STEVENS AND HAYNES
                         BELL YARD, TEMPLE BAR
                                  1913




                               PRINTED AT
                          THE BALLANTYNE PRESS
                                 LONDON




                      PREFACE TO THE FIRST EDITION


I have endeavoured to make this book useful to more than one class of
readers. It is written primarily for the use of those students of the
law who are desirous of laying a scientific foundation for their legal
education; yet I hope that it will not be found destitute of interest by
those lawyers whose academic studies lie behind them, but who have not
wholly ceased to concern themselves with the theoretical and scientific
aspects of the law. Further, a great part of what I have written is
sufficiently free from the technicalities and details of the concrete
legal system to serve the purposes of those laymen who, with no desire
to adventure themselves among the repellent mysteries of the law, are
yet interested in those more general portions of legal theory which
touch the problems of ethical and political science.

It will be noticed that occasional passages of the text are printed in
smaller type. These are of lesser importance, of greater difficulty, or
of a controversial or historical character, and are not essential to the
continuity of the exposition.


Certain parts of this book have already been published in the Law
Quarterly Review, and I have also incorporated in it the substance of a
much smaller work published by me some years ago under the title of “The
First Principles of Jurisprudence.” I have not thought it necessary to
allude in the text to certain discrepancies in matters of detail between
my earlier and later views, and it will be understood that the present
work wholly supersedes the earlier, as containing a re-statement of the
substance of it in a more comprehensive form.

                                                                J. W. S.

 ADELAIDE,
     _March 1902_




                     PREFACE TO THE FOURTH EDITION


This edition is substantially a reprint of the third, which was
published in 1910.

                                                                J. W. S.

 LONDON,
     _May 1913_




                                CONTENTS


                               CHAPTER I
                      THE SCIENCE OF JURISPRUDENCE
                                                                   PAGE
   § 1. Jurisprudence as the Science of Law                           1
   § 2. Jurisprudence as the Science of Civil Law                     3
   § 3. Theoretical Jurisprudence                                     4
   § 4. English and Foreign Jurisprudence                             7

                               CHAPTER II
                               CIVIL LAW
   § 5. The Definition of Law                                         9
   § 6. The Administration of Justice                                10
   § 7. Law logically subsequent to the Administration of Justice    12
   § 8. Law and Fact                                                 15
   § 9. The Justification of the Law                                 19
  § 10. The Defects of the Law                                       23
  § 11. General and Special Law                                      28
  § 12. Common Law                                                   32
  § 13. Law and Equity                                               34

                              CHAPTER III
                           OTHER KINDS OF LAW
  § 14. Law in General—A Rule of Action                              40
  § 15. Physical or Scientific Law                                   41
  § 16. Natural or Moral Law                                         43
  § 17. Imperative Law                                               47
  § 18. Conventional Law                                             54
  § 19. Customary Law                                                55
  § 20.