The Province of Jurisprudence Determined, Volume 2J. Murray, 1861 - Jurisprudence |
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Common terms and phrases
acquired advert alienation analogy annexed applied arise Blackstone civil Code codification commonly consequence considered contingent right contract crimes criminal delicts denotes determined distinction distinguished dominium edicts emphyteusis English law Equity ex delicto example existing expression fact forbear given heir incident ipso jure judges judiciary law jura jure jurisprudence jus ad rem jus civile jus gentium jus in personam jus in rem Justinian Law of Persons Law of Things LECT Lecture legislation legislature matter meaning merely mode of acquisition nature Note objects obligationes opposed owner Pandects particular party peculiar positive law Prætors principles quasi-contract quasi-delicts ratio decidendi reason remark right of unlimited rights and duties rights and obligations rights in personam rights in rem rights or duties Roman Law Roman Lawyers rule shew signifies singular sovereign specific status or condition statute law styled TABLE term tion titulus tribunals unlimited duration vested
Popular passages
Page 649 - What hindered him from seeing this, was the childish fiction employed by our judges, that judiciary or common law is not made by them, but is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges.
Page 677 - I will venture to affirm that what is commonly called the technical part of legislation is incomparably more difficult than what may be called the ethical. In other words, it is far easier to conceive justly what would be useful law, than so to construct that same law that it may accomplish the design of the lawgiver.
Page 889 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant, before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 605 - The part of the law which the courts are established to administer, as opposed to the rules according to which the substantive law itself is administered. That part of the law which creates, defines, and regulates rights, as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtaining redress for their invasion.
Page 971 - Such are the rights and duties capacities and incapacities of husband and wife, parent and child, guardian and ward, master and slave, of an alien, an insane person, or a magistrate.
Page 680 - A statute can seldom take in all cases. Therefore the Common Law, that works itself pure by rules drawn from the fountain of justice, is for this reason superior to an act of Parliament...
Page 575 - Omnes populi, qui legibus et moribus reguntur, partim suo proprio, partim communi omnium hominum jure utuntur. Nam quod quisque populus ipse sibi jus constituit, id ipsius proprium est, vocaturque jus civile ; quasi jus proprium ipsius civitatis. Quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur, vocaturque jus gentium ; quasi quo jure omnes gentes utuntur.
Page 677 - ... provisions ex ratione legis, have been of necessity heaped upon them by the Courts of Justice. Such, for example, is the case with the Statute of Frauds ; which was made by three of the wisest lawyers in the reign of Charles the Second : Sir M. Hale (if I remember aright) being one of them.
Page 1119 - With regard to lawyers in particular, it may be remarked, that the study of the rationale of law is as well (or nearly as well) fitted as that of mathematics, to exercise the mind to the mere process of deduction from given hypotheses.
Page 1026 - It is by the urging of the different analogies that the contention of the bar is carried on : and it is in the comparison, adjustment, and reconciliation, of them with one another ; in the discerning of such distinctions ; and in the framing of such a determination, as may either...