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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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Salmond on jurisprudence – Sir John William Salmond – Google Books

I am sure that you will wish to supply a copy of this opinion to the Solicitor-General also, as the Government’s principal legal adviser. They had two sons and a daughter, of whom the eldest, Captain William Guthrie Salmond, was killed in action in France in July After all, if the conduct was justified, there would be nothing to excuse”.

There also lies Carl Schmitt’s “sovereign” with the power to “decide the exception”, which we will consider in more detail in section VII below. In the same essay, the justification for clarity in our use of legal language is well put: Jeremy Francis rated it it was amazing Jun 03, Prasad [] 2 LRC Schmitt thought that these questions would lead the inquirer to the true locus of “sovereignty” in a State.

Australian Dictionary of Biography

Fari Malik rated it it was ok Aug 20, The majority concluded that review was not appropriate. Ministry for Culture and Heritage. In his earliest statement of principles, Salmond viewed rebellion and riot as akin to war waged by the State — and, therefore, as subject to the maxim inter arma leges silent: He is described as an “English” and even an “Australian” jufisprudence.


Holmes J — ever the realist – made this candid admission: Just a moment while we sign you in to your Goodreads account.

In short, the apparently frivolous question turns out to involve nothing less than an acid test for the “rule of law”. The pro-Nazi legal academic Carl Schmitt opened his “Political Theology” with the statement that “[s]overeign is he who decides on the exception”.

How should we relate Salmond’s actions as the State’s principal legal adviser in turbulent times to Salmond’s legal philosophies as expressed in his writings? The administration’s officials argued that the restrictions imposed by the Foreign Intelligence Surveillance Act FISA were superseded by the circumstances of the “war on terror” — this was an explicit reliance on “State necessity”.

Our evidence must include not only the famous jurist’s writings on the subject, but also his actions as a high officer of the State and a judge.

The Attorney-General of the day, Herdman, subsequently defended, on the basis of necessity, Salmond’s instruction to the Samlond Censor on 15 December that the post box of the Protestant Political Association be monitored and controlled. Open Preview See a Problem?

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

University of Adelaide Law School website. Each of the roles had different requirements to which Salmond responded with boldness and skill.

Shukaib Raza rated it really liked it Mar 28, The Solicitor-General’s opinion was theoretically uncompromising but practically sympathetic: It is important to bear in mind, however, that the justification of “necessity” is an exceptional jurisprudennce. Furthermore, when the present circumstances are placed alongside the test laid down by President Haynes in Mitchell as set out at paragraph 4.


Following the making of a Proclamation by the Queen’s Representative on 17 Novemberthe appended opinion was tabled in the Cook Islands Parliament, so becoming a public document. The answer given to the question “who decides on the exception? Shweta Sharma marked it as to-read May 09, This is a reproduction of a book published before The writer’s book on Salmond’s life and times cited Salmond’s formal opinion 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”.

In fairness to Salmond’s fact-based concept of legitimacy, it should be noted that he did not regard that as the only relevant consideration: Indeed, he wrote explicitly that “[t]he redress by the State of injuries inflicted by itself on its subjects … is not the administration of justice, for the element of physical force is wanting: I had commented that: Retrieved from ” https: An American commentator at the Washington conference captured Salmond’s anonymity in this way: Jeanet Jacob marked it as to-read Aug 11, Goodreads helps you keep track of books you want to read.

Zohaib Aslam marked it as to-read Apr 07,