The Elements of Jurisprudence |
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Page 47
... statute law , is largely due to the ambiguous uses of the term ' Source . ' These uses are threefold . senses . Sometimes the word is employed to denote the quarter Its three whence we obtain our knowledge of the law , e.g. whether from ...
... statute law , is largely due to the ambiguous uses of the term ' Source . ' These uses are threefold . senses . Sometimes the word is employed to denote the quarter Its three whence we obtain our knowledge of the law , e.g. whether from ...
Page 48
... realm ; fourthly , on divers prin- ciples that be called maxims ; fifthly , on divers particular customs ; sixthly , on divers statutes made in Parliament . ' choice of the more convenient of two acts , though 48 THE SOURCES OF LAW .
... realm ; fourthly , on divers prin- ciples that be called maxims ; fifthly , on divers particular customs ; sixthly , on divers statutes made in Parliament . ' choice of the more convenient of two acts , though 48 THE SOURCES OF LAW .
Page 53
... statute can become obsolete by desuetude . The contrary view is maintained in Germany , and even in Scotland . CHAP . V. of the Such an account of the growth of custom and its trans- Theories formation into law will not content a ...
... statute can become obsolete by desuetude . The contrary view is maintained in Germany , and even in Scotland . CHAP . V. of the Such an account of the growth of custom and its trans- Theories formation into law will not content a ...
Page 55
... Statute 21 Geo . III . c . 70 , sect . 17 , in declaring the powers of the Supreme Court at Calcutta , provides that ' in- heritance and succession to lands , rents and goods , and all matters of contract and dealing between party and ...
... Statute 21 Geo . III . c . 70 , sect . 17 , in declaring the powers of the Supreme Court at Calcutta , provides that ' in- heritance and succession to lands , rents and goods , and all matters of contract and dealing between party and ...
Page 73
... statutes , laws conferring franchises , and rules of interpretation or of procedure 3 . 6 1 See Am . Law Review , vii . p . 46 ; Bentham , Works , iii . p . 181 ; Comte , Phil . pos . vii . p . 450 . 2 Jurisprudence , Lect . i . 3 ...
... statutes , laws conferring franchises , and rules of interpretation or of procedure 3 . 6 1 See Am . Law Review , vii . p . 46 ; Bentham , Works , iii . p . 181 ; Comte , Phil . pos . vii . p . 450 . 2 Jurisprudence , Lect . i . 3 ...
Common terms and phrases
according Act of Parliament action agreement applied arise artificial person authority Bentham called causa CHAP character Code Civil Common Law contract Court coverture creditor criminal custom defined described distinction droit duties effect enforced English law Equity existence expressed fact French Code individual infringement injury Inst instance International law iuris Jurisprudence Juristic Act juristic person land law of Persons legislation legum liability Lord marriage means merely mode modern moral nations nature object obligation offences owner ownership parties person of incidence person of inherence plaintiff positive law possession Praetor principles private law punishment question quod Recht recognised reference relations remedial right result rights in personam rights in rem Roman law rules Savigny says sense servitudes sovereign statute Supra system of law term thing tion topics Ulpian usufruct Vict VIII καὶ
Popular passages
Page 254 - ... charge only) of any debt or other legal chose in action of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law [subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed...
Page 286 - ... for the protection and security of her own separate property, as if such property belonged to her as a feme sole, but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort.
Page 61 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 55 - ... 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 74 - No contract for the sale of any goods, wares and merchandises, for the price of £10 sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 174 - That, at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Page 62 - The doctrines of this court ought to be as well settled, and made as uniform almost as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case.
Page 66 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Page 34 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 19 - Wherefore, that here we may briefly end, of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world; all things in heaven• and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...