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absolute according action actual power administration Ahrens applied argument Aristotle asserted Austin authority Bluntschli called Chap civil Common Law conclusion consists constitutional contract custom defined definition denotes determined distinct distinguished division doctrine of sovereignty effect ernment essays essential established exercise existence expression extent fact fallacy federal former function of government governmental Hence Hobbes human independent individual instance judge judicial jural jurisdiction jurisprudence jurists jus gentium jus naturale justice Kant king latter law of nature legislative power liberty limited logical ment merely modern monarchy namely nations natural right necessarily necessary observed obviously opinion person philosophers political organization political science positive law positive morality positive right practical present principle private right proposition question reason reference regard Roman law rules says sense Sir Frederick Pollock Sir Henry Maine social society sovereign sovereign powers term theory tion true vested words
Page 45 - In forest, brake, or den, As beasts excel cold rocks and brambles rude ; Men, who their duties know, But know their rights, and, knowing, dare maintain, Prevent the long-aimed blow, And crush the tyrant while they rend the chain : These constitute a State, And sovereign Law, that State's collected will O'er thrones and globes elate, Sits Empress, crowning good, repressing ill.
Page 70 - Congress, under the pretext of executing its powers pass laws for the accomplishment of objects not intrusted to the government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.
Page 70 - The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States?
Page 62 - The final cause, end, or design of men, who naturally love liberty, and dominion over others, in the introduction of that restraint upon themselves, in which we see them live in commonwealths, is the foresight of their own preservation, and of a more contented life thereby...
Page 23 - This is more than consent, or concord ; it is a real unity of them all, in one and the same person...
Page 140 - A PERSON is he whose words or actions are considered, either as his own, or as representing the words or actions of another man, or of any other thing to whom they are attributed, whether truly or by fiction.
Page 139 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Page 61 - It is to be looked on with other reverence ; because it is not a partnership in things subservient only to the gross animal existence of a temporary and perishable nature. It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Page 63 - And hence the tendency to a universal state of conflict between individual and individual, accompanied by the connected passions of suspicion, jealousy, anger, and revenge — followed by insolence, fraud, and cruelty — and, if not prevented by some controlling power, ending in a state of universal discord and confusion destructive of the social state and the ends for which it is ordained.