Readings Delivered Before the Honourable Society of the Middle Temple, in the Year 1850 |
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Page 8
... reason . This requires some explanation . The duties of man are shown to him in three ways , and by three different authorities , —namely , first , the light of reason ; second , civil laws ; and third , revelation . The first of these ...
... reason . This requires some explanation . The duties of man are shown to him in three ways , and by three different authorities , —namely , first , the light of reason ; second , civil laws ; and third , revelation . The first of these ...
Page 9
... reason . It follows that the principles of justice which constitute Natural Law , and which it is the chief object of the science of jurisprudence to deter- mine , must be a necessary part of all legal learning , —necessary for the full ...
... reason . It follows that the principles of justice which constitute Natural Law , and which it is the chief object of the science of jurisprudence to deter- mine , must be a necessary part of all legal learning , —necessary for the full ...
Page 10
... reason and knowledge of things for want of age , should not have the uncontrolled management of their estates and affairs . But there is no natural law appointing at what age men attain that ca- pacity which a man ought to have before ...
... reason and knowledge of things for want of age , should not have the uncontrolled management of their estates and affairs . But there is no natural law appointing at what age men attain that ca- pacity which a man ought to have before ...
Page 13
... reason upon those laws , and assist in improving them and framing new laws . For this part of his duty he must ... reasons of law ; to show what principles should be extended , and what restricted - what rules may be altered and what ...
... reason upon those laws , and assist in improving them and framing new laws . For this part of his duty he must ... reasons of law ; to show what principles should be extended , and what restricted - what rules may be altered and what ...
Page 14
... reason and justice , showing the grounds of Municipal Law , have been explained in my first reading . I have shown that Municipal Law is but a branch of a great moral system , having a sort of unity and harmony in its parts which link ...
... reason and justice , showing the grounds of Municipal Law , have been explained in my first reading . I have shown that Municipal Law is but a branch of a great moral system , having a sort of unity and harmony in its parts which link ...
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according Act of Parliament arbitrary laws arise authority belong bishop Blackstone branch called Canon Law Church Civil Law civilians Common Law constitution construed Corpus Juris Canonici Courts criminal Cujac Cujacius Decretals derived Devoti distinction Divine Law doctrine Domat Droit Rom duties Eccles Ecclesiastical Law English Law equity favour Gratian human immutable laws Inst instance Instit institutions intention interpretation judges judicial jurisdiction jurisprudence justice Justinian Law of England lawyer learned Legib legislative legislature Litt Lord Coke matters meaning ment moral Municipal Law Natural Law necessary obligation observes offence Pandects Papinian particular parties persons political Pope positive laws principles public law punishment quæ quod reason reference regard regulated Reiffenstuel remedy Roman Law rule sacraments Savigny says shows society spirit statute temporal theft things tion ubi supra Ulpian whereby words
Popular passages
Page 85 - 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).
Page 83 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Page 62 - As if land be vested in the king and his heirs by act of parliament saving the right of A. and A. has at that time a lease of it for three years: here A. shall hold it for his term of three years, and afterwards it shall go to the king.
Page 121 - The great end for which men entered into society was to secure their property. That right is preserved sacred and incommunicable in all instances where it has not been taken away or abridged by some public law for the good of the whole.
Page 59 - ... how are these customs or maxims to be known, and by whom is their validity to be determined ? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws ; the living oracles, who must decide in all Cases of doubt, and who are bound by an oath to decide according to the law of the land.
Page 112 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit ?" In answer to which question, assuming...
Page 49 - For if a man purchase lands by these words, 'to have and to hold to him for ever; ' or by these words, 'to have aad to hold to him and his assigns for ever;' in these two cases he hath but an estate for term of life, for that there lack these words, ' his heirs,' which words only make an estate of inheritance in all feoffments and grants;
Page 59 - ... in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule which it is not in the breast of any subsequent judge to alter or vary from according to his private sentiments ; he being 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 59 - THE doctrine of the law then is this : that precedents and rules must be followed, unless flatly absurd or unjust : for though then- reason be not obvious at first view, yet we owe such a deference to former times as not to suppose that they acted wholly without consideration.
Page 115 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...