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 could have delved deeper than his citation of R v Pinney the Bristol riots case [36] for his proposition. The Oxford Dictionary of Quotationsabove n 2,attributes the maxim “Necessitas non habet legem” to Publilius Syrus who lived in the first century BC.

For jurispprudence, should artificial entities such as companies be afforded a similar defence? I have taken the liberty of attaching as an Appendix a draft of a possible Proclamation. A word of caution is needed, however.

In PrasadSir Maurice Casey cited the judgment of Haynes P with approval, and specifically this passage in relation to “necessity”:. Answers begin to become more complex.

Samaila Mohammed marked it as to-read Apr 03, saljond The Ciceronian maxim inter arma leges silent found its way into Appendix III of Salmond’s Jurisprudence with this explanation by the author: It is not surprising therefore that political leaders have well-developed antennae for the opportunities they represent. Avesh Chaudhary rated it it was amazing Oct 06, It has recently become possible to read the minutes of Prime Minister Churchill’s war Cabinet meetings, and the candour with which proposals to shackle, and even shoot, German prisoners in retribution for alleged German ill-treatment are made — in the face of opposition by the Dominion Prime Ministers — is startling to the peace-time reader.

Jul 06, Ameer Keerano rated it liked it. Com added it Mar 09, The work was first published in German in Pratyush rated it it was amazing Mar 15, Just a little illegality to see us through to victory in the cause of a greater good?


In particular, it is important that the clear “necessity” of the situation be demonstrable to any Court which may be called upon to review the Proclamation. In Salmond was appointed as Counsel to the Law Drafting Office where he remained for four years, until his appointment in as Solicitor-General. Schmitt thought that these questions would lead the inquirer to the snglish locus of “sovereignty” in a State.

Biography – Sir John William Salmond – Australian Dictionary of Biography

I regard the two rival arguments as fairly evenly balanced, and much would depend on the approach taken by the Court to interpretation of the Constitution. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc.

Having recited the dangers to the State, Herdman asked Members of Parliament: Dictionary of New Zealand Biography. It should be presumed that where the Constitution confers powers to do something “by Act” it intends that only an Act of Parliament will suffice, but where engoish confers powers to do something “by enactment” it contemplates that subsidiary legislative instruments, such as Regulations and Proclamations may be employed in appropriate circumstances.

Retrieved from ” https: Fortunately, war is a relatively restricted category with obvious features. Is it to be fiat justitia ruat coelum — uphold the letter of the law even if the world blows up? That the apparent authorisation for expenditure for core government activity in the Cook Islands provided by Article 70 3 a of the Constitution will come to an end with the exhaustion of an amount equal to three-twelfths of the sum appropriated in the preceding financial jurisprkdence together with enblish unexpended balance from jursprudence preceding year.

What I think we are obliged to say is that Sir John Salmond understood the importance of different roles in the world of law and the need for each role to be played faithfully. Published September 9th by Nabu Press first published December 28th 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: 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”.


Australian Dictionary of Biography

Archived from the original on 21 July Jurisprudfnce and national danger are triggers for the enlargement of executive power. He would have found humour also in wildly inconsistent contemporary and posthumous characterisations of his national identity.

InSir John Findlay, Attorney-General of New Zealand in Salmond’s time, explicitly rejected John Stuart Mill’s “very simple principle” — that coercion of the individual by the State is only justified by the prevention of harm to others.

Its success if jhrisprudence before the Courts, as well as the bar of salmodn opinion, will require clear demonstration of the grave and imminent danger to the State and its people, and the absence of any other means of averting harm to the State and people of the Cook Islands. A small but practical problem landed in the lap of the Solicitor-General in About that time he published privately a collection of personal reflections, My Son, Said the Philosopher.

It is the argument of tyrants; it is the creed of slaves. Salmond employs a very easy and pragmatic approach to unravel the most complex concepts of Law.

Salmond on jurisprudence – Sir John William Salmond – Google Books

That the Cook Islands Government Account is in a position comfortably to meet all normal and necessary government expenditure beyond that date. Although Prasad was of course about the legal survival of the Fiji Constitution following the coup, it also considered the circumstances in which “necessity” might justify state officials in taking extra-constitutional actions.

Deeksha added it Nov 17, Just a moment while we sign you in to your Goodreads account. North ShieldsNorthumberlandEngland. In he was appointed professor of law at the University of AdelaideSouth Australia, and in he returned to New Zealand to take up the founding chair in law at Victoria University CollegeWellington.