Jurisprudence

Metadata

Gutenberg ID

71297

Title

Jurisprudence

Language

en

Book source

Project Gutenberg

Description max 80 words

A foundational treatise on legal theory by Sir John W. Salmond, this text explores the nature of law, state sovereignty, and sources of authority. With rigorous clarity, it dissects intentional wrongs, negligence, and necessity, offering enduring insights into jurisprudence for students and scholars.

Summary up to 500 words

In his seminal work *Jurisprudence*, Sir John W. Salmond provides a systematic examination of the state, law, and legal liability. He begins by defining the state, distinguishing between its essential administration of justice and extrajudicial uses of force. Salmond classifies states based on their internal and external sovereignty, analyzing unitary, composite, imperial, and federal structures. A central theme of the text is the distinction between formal and material sources of law. Formal sources are those from which legal rules derive their authority, specifically the will and power of the state as manifested in courts. Material sources supply the substance of these rules but lack inherent legal validity unless recognized by the state. Salmond further divides material sources into legal sources—such as legislation, custom, precedent, professional opinion, and agreement—which possess authoritative force, and historical sources, which influence legal development without direct legal recognition. The work delves deeply into civil liability, particularly negligence and intentional wrongdoing. Salmond argues that negligence is not merely inadvertence but culpable indifference. He distinguishes between simple negligence, where harm is neither foreseen nor willed, and advertent negligence or recklessness, where the actor consciously exposes others to risk while remaining indifferent to the consequences. This mental attitude of undue indifference constitutes a form of *mens rea* justifying penal responsibility alongside wrongful intention. Salmond also addresses the defense of necessity (*jus necessitatis*), asserting that an act done under pressure exceeding the fear of legal penalties is not wrongful in abstract theory, though practical evidential difficulties often limit its application. He explores the relationship between civil liability and criminal responsibility, noting that while breach of contract is not inherently a crime, it can lead to criminal liability if it causes damage to third parties. Throughout the text, Salmond emphasizes that law evolves through judicial recognition and rational expectation, where the legal system adheres to established rules to maintain uniformity and fulfill the reasonable expectations of citizens. His analysis offers a comprehensive framework for understanding how legal principles are formulated, recognized, and applied within a progressive community.

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Categories

• Philosophy