The Nature and Sources of the Law |
Contents
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Common terms and phrases
according apply Austin authority binding called Carter Church citizens Civil Law commands Common Law consider contract corporation corporation sole custom decided declared desuetude determine doctrine enacted enforce England English English Law entity established exercise existence expression fact fiction follow German given heir House of Lords human instance interests interpretation judges judgment judicial decisions Judicial Precedents Juris jurisdiction Jurisprudence juristic person Justinian land legal duty legal persons legal rights legislative legislature limited Lord Coke matter meaning ment morality nature notion opinion organized body particular passed political positive law practice prescription prevails principles Professor Hammond protect question reason Recht recognized responsa rights and duties röm Roman Law rulers Savigny seems source of Law sovereign statute Stobbe suppose Supreme Court systems of Law testator theory things tion treatises tribunal true truth Twelve Tables Ulpian United usage words writers
Popular passages
Page 171 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 168 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered.
Page 235 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 171 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 114 - Where a copyhold which had been surrendered to the use of a will was devised to A. and his heirs, in trust for B. and his heirs, upon the death of B.
Page 100 - Nay, whoever hath an absolute Authority to interpret any written, or spoken Laws; it is He, who is truly the Law-giver, to all Intents and Purposes; and not the Person who first wrote, or spoke them.
Page 44 - And surely your blood of your lives will I require: at the hand of every beast will I require it, and at the hand of man; at the hand of every man's brother will I require the life of man. 6 Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man.
Page 260 - Traverse the whole continent of Europe — ransack all the libraries belonging to the jurisprudential systems of the several political states, — add the contents all together, — you would not be able to compose a collection of cases equal in variety, in amplitude, in clearness of statement, — in a word, in all points taken together, in instruct! veness — to that which may be seen to be afforded by the collection of English Reports of adjudged cases, on adding to them the abridgments and treatises,...
Page 207 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 169 - that the executors in such cases shall have an action against the trespassers, and recover their damages in like manner as they, whose executors they be, should have had if they were in life (167) ;" and this remedy is further extended to executors of executors (h), and to administrators (i).