Download The Rule of Law: Albert Venn Dicey, Victorian Jurist by Richard A. Cosgrove PDF

By Richard A. Cosgrove

So regular has the time period rule of legislation turn into that few realize its resource as Dicey's Introduction to the examine of the legislations of the Constitution. Cosgrove examines the existence and occupation of Dicey, the main influential constitutional authority of past due Victorian and Edwardian Britain, exhibiting how his serious and highbrow powers have been followed by means of a simplicity of personality and wit. Dicey's contribution to the historical past of legislations is defined as is his position in Victorian society.

Originally released 1980.

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Extra resources for The Rule of Law: Albert Venn Dicey, Victorian Jurist

Sample text

12 Law must reflect opinion or otherwise mass disobedience would follow, negating law itself. The Diceyan definition of public opinion contained this decisive element whereby opinion supplied the moral backbone to the legal system. Thus Dicey retained the sanction of morality while observing the strict separation of law and morality for juristic purposes. On the topic of sovereignty Dicey again accepted Austinian premises but altered significantly the inferences to be drawn. Dicey admitted, as Austin urged, that every government must command habitual obedience from its subjects.

The bequest totaled 300 books, with the titles registered in the Dicey records in the college archives. Ambition Denied, r86r-r882 Elinor Dicey on Her Wedding Day, 1872 (Courtesy of Victor Bonham-Carter) The Rule of Law She was a life member of the college, serving on its council from r888 to 1904, and contributed much to its early years. The couple had no children, and the main impairment to their happiness was the chronic ill health suffered by Mrs. Dicey. Though she rarely fell seriously ill, her health problems severely curtailed their social life, made any activities as a hostess impossible, and prevented her from joining her husband on vacation travels.

The steadfast loyalty to liberalism that had marked his undergraduate career, now combined with neo-Austinianism, shaped Dicey's political philosophy, which maintained that sovereignty must be vested in the state but that its only function was the enforcement of individual rights. Whenever he wrote on law, particularly the law of domicile, Dicey retained basic Austinian concepts in methodology and conclusions. These links between Austin and Dicey completed the formation of Dicey's mid-Victorian creed.

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