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Page 46 - the remedies provided for enforcing the law, " Omne jus quo utimur vel ad personas pertinet, vel ad res, vel ad actiones." This is a distribution of laws with reference to their objects. Law is administered to persons,—regarding
Page 18 - These immutable or natural laws are defined by Domat, the great French civilian, to be such as are necessary consequences of the two fundamental laws—love of God and of our neighbour—and which are so essential to the engagements which form the order of society, that it is impossible to alter them without
Page 20 - by an Arbitrary Law, which defines by a general rule what the dower of widows shall be. Thus, for another example, it is a natural and immutable law, that he who is the owner of a thing should continue to have the property of it, until he has divested himself of it voluntarily, or
Page 37 - them, there is no system of law in which principles are investigated with more good sense, or declared and enforced with more accurate and impartial justice. I prefer the regulations of the Common Law upon the subject of the paternal and conjugal relations, but there are many subjects in which the Civil Law greatly excels. The rights and duties of tutors and guardians are regulated by
Page 12 - when the Gentiles, who have not the [moral revealed] law, do by nature the things contained in the law, they are a law to themselves :" and he continues—" Which show the work of the law written on their hearts,
Page 37 - principles. The rights of absolute and usufructuary property, and the various ways by which property may be acquired, enlarged, transferred, and lost, and the incidents and accommodations which
Page 2 - of one country, but of the whole civilized world—the science of law must fall below her high dignity if she be confined within the mere bounds of the practical daily necessities of the administration of justice. No human science is more noble, none more deserving of the widest and most liberal cultivation, without which its
Page 39 - Civil Law authority concerning partnership, though not an authority on which a judgment is to be founded in our courts ; yet, as is said by Lord Raymond, may be used as the opinions of learned men." And so, in the same case, Mr. Justice Burnet cites the Roman Law with regard to pawns. And in Acton v.
Page 2 - my part. Some of the most distinguished men of our profession have long felt that the sphere of legal learning in England ought to be enlarged. It is indeed obvious that when other sciences are being augmented with the genius, the industry, the enterprise, the invention, and the intellectual
Page 21 - regulation by an arbitrary law, that they who are not in possession and who, notwithstanding, claim the right of property, should be bound to assert and prove their right within a certain time; and that after that time the possessors who had not been molested in their possession should