The Law of Freedom and Bondage in the United States, Հատոր 1Little, Brown, 1858 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ xxxv
... Declaration of Independence was not intended to operate as private law , · 417. The Congress declaring it had no powers in respect to personal condition , • 418. No such effect has been judicially ascribed to such national decla ...
... Declaration of Independence was not intended to operate as private law , · 417. The Congress declaring it had no powers in respect to personal condition , • 418. No such effect has been judicially ascribed to such national decla ...
Էջ 17
... declare to be obligatory ? is solved by the history of man's exercise of his mental faculties , and not by the mental faculties of the individual jurist . Mr. Reddie adheres to what may be called the early Roman school , and insists ...
... declare to be obligatory ? is solved by the history of man's exercise of his mental faculties , and not by the mental faculties of the individual jurist . Mr. Reddie adheres to what may be called the early Roman school , and insists ...
Էջ 68
... declared its will by positive legislation , must still be presumed to will that which is accordant with natural reason , it would follow - from the very nature of the assumption , which is above stated , in favor of the jural character ...
... declared its will by positive legislation , must still be presumed to will that which is accordant with natural reason , it would follow - from the very nature of the assumption , which is above stated , in favor of the jural character ...
Էջ 78
... declare , that the law de- rives its validity from itself , from the moment of its being formally promulgated ... declared in a certain formally legal manner , ( the common will , to which each individual will in the state must be ...
... declare , that the law de- rives its validity from itself , from the moment of its being formally promulgated ... declared in a certain formally legal manner , ( the common will , to which each individual will in the state must be ...
Էջ 106
... declaration of capacity for legal rights is not made by creating a relative condition of legal superiority for certain natural persons over other natural per- sons , but is judicially recognized as the statement of a law in the ...
... declaration of capacity for legal rights is not made by creating a relative condition of legal superiority for certain natural persons over other natural per- sons , but is judicially recognized as the statement of a law in the ...
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Այլ խմբագրություններ - View all
The Law of Freedom and Bondage in the United States, Հատոր 1 John Codman Hurd Ամբողջությամբ դիտվող - 1858 |
The Law of Freedom and Bondage in the United States, Հատոր 1 John Codman Hurd Ամբողջությամբ դիտվող - 1858 |
The Law of Freedom and Bondage in the United States, Հատոր 1 John Codman Hurd Ամբողջությամբ դիտվող - 1858 |
Common terms and phrases
according African alien applied attributed authority chapter character chattel slavery Christian cited civil colonies colonists comity Comm common law condition Congress Constitution court declared determined distinction doctrine dominion duty effect empire enacted English exercise existence foreign laws freedom Government held Hist Indians individual judicial tribunals jural juris jurisdiction jurists jus gentium justice law of England law of nations legal persons liberty limits Lord Mansfield manumission master mulatto municipal internal municipal law municipal national national law natural law natural reason negroes personal law persons and things political positive law positive legislation principles private international law private law private persons province public international law public law question recognized reference relations respect rights and obligations Roman Roman law rule of action Savigny sense servants servitude slaves sovereign power sovereignty statutes term territorial therein tion United universal jurisprudence villein villenage
Սիրված հատվածներ
Էջ 472 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
Էջ 520 - The purposes for which men enter into society will determine the nature and terms of the social compact ; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature and ends of legislative power will limit the exercise of it.
Էջ 127 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
Էջ 128 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Էջ 280 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
Էջ 514 - And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth ; so the act of a -public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal ; we were then alive in our predecessors* and they in their successors do live still.
Էջ 246 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Էջ 463 - But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of Government.
Էջ 118 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has no allowance or authority there; they being no part of the mother country, but distinct (though dependent) dominions.
Էջ 259 - No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any...