Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88, 91; 118 N.E. 214 (N.Y. 1917)
Judicial opinions
Context: The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed. If that is so, there is a contract.
“All law is "situational law." The sovereign produces and guarantees the situa in its totality. He has the monopoly over this last decision.”
Political Theology (1922), Ch. 1 : Definition of Sovereignty
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Carl Schmitt 36
German jurist, political theorist and professor of law 1888–1985Related quotes
in
Context: If one was sometimes led astray by trying to simplify the elements of a science, it is because one has established systems before putting together a fairly large number of facts. Some assumption, which would be very simple when one considers only a class of phenomena, requires many other assumptions if one wants to leave the narrow circle in which we had initially withdrawn. If nature has offered to produce the maximum effect with minimum causes, it is in all of its laws that it had to solve this major problem. It is without doubt difficult to discover the foundations of this wonderful economy, i. e. the simplest causes of phenomena considered from such a wide point of view. But if this general principle of the philosophy of physics does not lead immediately to the knowledge of truth, it can direct the efforts of the human spirit, by leading it away from theories which relate the phenomena to too many different causes, and by adopting preferably those based on the smallest number of assumptions, which show to be more fruitful in consequences.
Il est faux que l’égalité soit une loi de la nature. La nature n’a rien fait d’égal; la loi souveraine est la subordination et la dépendance.
Source: Reflections and Maxims (1746), p. 180.
Preface (20 May 1926), p. vii.
Present Status of the Philosophy of Law and of Rights (1926)
Context: For those who have only to obey, law is what the sovereign commands. For the sovereign, in the throes of deciding what he ought to command, this view of law is singularly empty of light and leading. In the dispersed sovereignty of modern states, and especially in times of rapid social change, law must look to the future as well as to history and precedent, and to what is possible and right as well as to what is actual.
Source: (1845), p. 112
“The sovereign is not bound by the laws.”
Princeps legibus solutus est.
Southern Pacific Company v. Jensen 244 U.S. 205, 222 (1917) (Holmes, J., dissenting; opinion published (21 May 1917).
1910s
The Second Part, Chapter 30: Of the Office of the Sovereign Representative.
Leviathan (1651)
Context: The office of the sovereign, be it a monarch or an assembly, consisteth in the end for which he was trusted with the sovereign power, namely the procuration of the safety of the people, to which he is obliged by the law of nature, and to render an account thereof to God, the Author of that law, and to none but Him. But by safety here is not meant a bare preservation, but also all other contentments of life, which every man by lawful industry, without danger or hurt to the Commonwealth, shall acquire to himself.
And this is intended should be done, not by care applied to individuals, further than their protection from injuries when they shall complain; but by a general providence, contained in public instruction, both of doctrine and example; and in the making and executing of good laws to which individual persons may apply their own cases.
Source: Liberalism (1911), Chapter II, The Elements of Liberalism, p. 17.