The Genius of the Common Law

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Columbia University Press, 1912 - Law - 141 pages
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Contents

I
1
II
14
III
27
IV
38
V
59

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Page 124 - If there is any virtue in the Common Law," says Sir Frederick Pollock, "whereby she stands for more than intellectual excellence in a special kind of learning, it is that Freedom is her sister, and in the spirit of Freedom her greatest work has ever been done. By that spirit our lady has emboldened her servants to speak the truth before kings, to restrain the tyranny of usurping license, and to carry her ideal of equal justice and ordered right into every quarter of the world.
Page 124 - Freedom is her sister, and in the spirit of freedom her greatest work has been done. By that spirit our Lady has emboldened her servants to speak the truth before kings, to restrain the tyranny of usurping license, and to carry her ideal of equal public justice and ordered right into every quarter of the world. By the fire of that spirit our worship of her is touched and enlightened, and in its power, knowing that the service we render to her is freedom, we claim no inferior fellowship with our brethren...
Page 33 - First, When de injuria may clearly be replied. Secondly, When it clearly cannot be replied. Thirdly, When it is probable that it may be replied. Fourthly, When it is probable it cannot be replied. And, Fifthly, When it is altogether doubtful whether it can or cannot be replied.
Page 144 - Price, $1.50 net. THE PRINCIPLES OF POLITICS FROM THE VIEWPOINT OF THE AMERICAN CITIZEN. By JBREMIAH W.
Page 41 - ... the north parts of England, who being far from the king and the seat of justice, made almost, as it were, an ordinary war among themselves, and made their force their law, binding themselves, with their tenants and servants, to do or revenge an injury one against another as they listed.
Page 114 - But the law is not made by casual and hasty decisions in courts of first instance. Its guiding principles and the harmony of its controlling ideas must be sought in the considered judgments of the higher tribunals...
Page 3 - Homage," says the Treatise of Tenures, "is the most honourable service, and most humble service of reverence, that a frank tenant may do to his lord : for when the tenant shall make homage to his lord, he shall be ungirt and his head uncovered, and his lord shall sit and the tenant shall kneel before him on both his knees, and hold his hands jointly together between the hands of his lord, and shall say thus : I become your man, from this...
Page 124 - For gladly at once and sadly it seems ye sing. —Our lady of love by you is unbeholden; For hands she hath none, nor eyes, nor lips, nor golden Treasure of hair, nor face nor form ; but we That love, we know her more fair than anything.
Page 2 - But we do not worship her as a goddess exempt from human judgement and above human sympathy. She is no placid Madonna sitting in a rose garden : rather she is like the fortitude of the Florentine master, armed and expectant, her battlemace lightly poised in fingers ready to close, at one swift motion, to the fighting grasp. Neither is she a cold minister of the fates. Her soul is founded in an order older than the gods themselves, but the joy of strife is not strange to her. nor yet the humours of...
Page 28 - Crogate's Case: a dialogue in tJie SJiades on Special Pleading Reform." One of the interlocutors is Baron Surrebutter, a transparent disguise for Baron Parke, or rather that half of him which was devoted to the technical side of process and pleading. . . . The other personage is "the celebrated Crogate, who in his mortal state...

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