American Law and Procedure, Volume 13

Front Cover
James De Witt Andrews
La Salle Extension University, 1910 - Law

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Contents

The representation of the people
56
The questions of the American Revolution
62
Preservation of equality is the chief concern of govern
68
Jurisprudence defined
75
32a The utility of definition
85
Justinian and the institutes
91
The universal system of classification
98
CHAPTER IV
107
Classification of legal treatises
109
Legal analysis in American treatises
110
How legal subjects are classified
111
The reason for and fallacy of Blackstones primary classi fication
112
Blackstones definition of municipal law examined
114
The rightandwrong clause condemned
117
The definition no basis for classification
120
A false antithesis is made the ground for classification
123
Supposed reason for the definition
126
Blackstones primary classification not adhered to by him self
127
This classification was novel
128
The right to redress in court is a right
130
Municipal law defined
132
Primary classification The subjects of jurisprudence
134
CHAPTER V
135
Suggestions on criticism construction and interpretation
136
Meaning of leading words obscure
137
Public and private law
138
Ancient classifications
144
Rights of personsBlackstones meaning
146
Austins misstatement of Blackstones meaning
148
Different views of Blackstones meaning
149
Blackstones explanation
151
The law of persons in English jurisprudence differs from the same in Roman law
152
The legal conception of leading words
155
The word person defined Gains says
156
Ortolans explanation of personality
161
Scope of the word thing
165
Lord Hales treatment of status
171
The American idea of a right
177
Concluding observations
183
The classification by civilians of rights as real and personal
190
The application of these distinctions in our law
196
Right and obligation correlative a right is a possession
202
Absolute and relative rights
204
AH rights are relative not absolute
206
Blackstones treatment does not justify the designation
208
Lord Hale did not recognize absolute rights
210
Distinction between Hales and Blackstones treatment
211
Rights are secured not surrendered by creating govern ment
212
Resume of the statements
215
Possible explanation of Blackstones meaning
218
Magistrate and People 92 The public relations of men in society
221
Magistrate and people British and American view
226
Classes of magistrates
228
Magistrates in the United States
229
Public persons
233
The people of the United States
235
Definition of terms
236
Society natural and civil
237
100 The people
238
102 Double meaning of state
239
103 Complexity of the state and national system
241
CHAPTER VTA The People
242
Identity
244
105 Capacity Power Sovereignty
246
115 Legislative power not supreme or absolute
259
116 Official power is never allowed as a personal right
260
117 The people expressly limit their power
261
118 All legislative power is limited
262
119 The natural right of revolution is recognized
265
121 The right of expatriation allows the constant exercise of assent or dissent
273
122 All political action was taken in the name of the people
274
The convention of 1787 acted in autre droit
276
124 The act of adopting the new constitution violated the com pact of confederation between the states
277
125 The autonomy of the states was preserved
278
127 Republican form of government described
279
The form of government is not democratic
280
128 Limitation of all power
281
Constitutional amendments
282
CHAPTER IX
285
130 States are essential constituents of the nation
286
132 A state cannot be sued by an individual except by consent
287
133 An individual contracts with a state at his peril
288
134 Limitation on their mode of action
289
136 Amendments of state constitutions
290
137 Nature of suffrage
291
139 The new meaning of sovereignty
292
140 The method by which the people bound themselves
294
141 Government of law established
295
142 The fundamental principles of selfgovernment
296
CHAPTER X
300
145 Anterevolutionary conventions
301
146 Extension of the union
305
148 Territory ceded by the states
307
149 Relation of the ordinance to the constitution
308
150 On the admission of a state the ordinance became no longer in force as to it
309
Diverse views stated
310
152 The doctrine of inherent power
311
Rule for applying the doctrine
313
153 The right to govern
315
155 Annexation of independent countries
316
157 The governmental power in territories
319
158 Effect of change of government on political and private law and civil rights
322
159 Civil rights secure Political rights there are none
324
160 Colonial dependency may be continued No territorial government need be erected
325
162 The partition of jurisdiction by admission
326
163 Effect of transfer of title on permanent immovable structures
327
165 Mineral lands Acquisition and disposition by the govern ment
328
166 Colonial possessions Ancient policy and practice
330
Modern doctrine and decision
331
167 A government of law
334
168 The sources of law
335
169 The supreme law of the land
336
171 The common law
337
172 Unwritten or customary law
340
173 Development of the common law
341
174 Judgemade law
342
175 Improper judicial legislation
343
176 The rule Stare Decisis
346
176a Law must keep pace with the conditions of trade and society
347
177 The law merchant
351
178 The maritime law
355
179 Express adoption of the common law
363
181 Where the question does not involve a state law
366
182 Constitutional interpretations by common law
367
184 Military law
368
185 Ecclesiastical and canonlaw
369
Copyright

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Page 272 - Will you to the utmost of your power maintain the laws of God, the true profession of the Gospel, and the Protestant reformed religion established by law ; and will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them ? ' King or queen :
Page 315 - The same act which transfers their country transfers the allegiance of those who remain in it ; and the law which may be denominated political is necessarily changed, although that which regulates the intercourse and general conduct of individuals remains in force, until altered by the newly created power of the state.
Page 315 - Perhaps the power of governing a Territory belonging to the United States, which has not, by becoming a State, acquired the means of self-government, may result necessarily from the facts that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States. The right to govern may be the inevitable consequence of the right to acquire territory.
Page 327 - They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States, that any attempt to acquire their lands, or to form a political connection with them, would be considered by all as an invasion of our territory and an act of hostility.
Page 334 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Page 180 - Property, in its appropriate sense, means that dominion or indefinite right of user and disposition which one may lawfully exercise over particular things or subjects, and generally to the exclusion of all others...
Page 136 - ... the definition of them may be rendered inaccurate, by the inaccuracy of the terms in which it is delivered. And this unavoidable inaccuracy must be greater or less, according to the complexity and novelty of the objects defined. When the Almighty himself condescends to address mankind in their own language, his meaning, luminous as it must be, is rendered dim and doubtful, by the cloudy medium through which it is communicated.
Page 286 - Constitution, but it may be not unreasonably said that th# preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National Government.
Page 286 - Not only therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may...
Page 314 - The usage of the world is, if a nation be not entirely subdued, to consider the holding of the conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by the treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipulated in the treaty of cession, or on such as its new master shall impose.

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