Fundamental Legal Conceptions as Applied in Judicial Reasoning

Abstract

The present discussion, while intended to be intrinsically complete so far as intelligent and convenient perusal is concerned, represents, as originally planned, a continuation of an article which appeared under the same title more than three years ago. It therefore seems desirable to indicate, in very general form, the scope and purpose of the latter. The main divisions were entitled: Legal Conceptions Contrasted with Non-legal Conceptions; Operative Facts Contrasted with Evidential Facts; and Fundamental Jural Relations Contrasted with One Another. The jural relations analyzed and discussed under the last subtitle were, at the outset, grouped in a convenient "scheme of opposites and correlatives"; and it will greatly facilitate the presentation of the matters to be hereafter considered if that scheme be reproduced at the present point: