Jurisprudence: Or The Theory of the Law

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Stevens and Haynes, 1907 - Jurisprudence - 518 pages
 

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Wonderful book...Liberty and Powers were the most useful topics covered ...brilliant!

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Contents

The Law of Nations as Customary Law
59
CHAPTER IV
65
Origin of the Administration of Justice
67
Civil and Criminal Justice 70
70
Deterrent Punishment
75
Reformative Punishment 76
76
Retributive Punishment
80
Primary and Sanctioning Rights
83
A Table of Legal Remedies
87
Secondary Functions of Courts of Law
88
CHAPTER V
93
Secondary Functions of the State
98
The Territory of the State
99
The Constitution of the State 105
105
The Government of the State 110
110
42 Independent and Dependent States 111
111
Unitary and Composite States 114
114
CHAPTER VI
117
A List of Legal Sources 120
120
The Sources of Law as Constitutive and Abrogative
123
Sources of Law and Sources of Rights
124
Ultimate Legal Principles
125
CHAPTER VII
127
Supremo and Subordinate Legislation
129
Relation of Legislation to other Sources
132
Codification
136
The Interpretation of Enacted Law
137
Reasona for the Reception of Customary Law
144
Conventional Custom 153
153
CHAPTER IX
160
The Disregard of a Precedent
166
The Sources of Judicial Principles
175
Duties
181
Liberties
191
CHAPTER XI
198
Legal and Equitable Rights
218
CHAPTER XII
222
Corporeal and Incorporeal Ownership
223
Corporeal and Incorporeal Things
227
Sole Ownership and Coownership
228
Trust and Beneficial Ownership
230
Legal and Equitable Ownership
233
Vested and Contingent Ownership
235
CHAPTER XIU POSSESSION
237
93 Introduction
238
Possession in Fact and in Law
239
Corporeal and Incorporeal Possession
241
Corporeal Possession
242
The Animus Possidendi
244
The Corpus of Possession
246
Relation of the Possessor to the Thing Possessed
252

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Page 42 - 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...
Page 65 - Hereby it is manifest, that during the time men live without a common power to keep them all in awe, they are in that condition which is called war, and such a war as is of every man against every man.
Page 65 - ... fruit thereof is uncertain, and consequently no culture of the earth, no navigation nor use of the commodities that may be imported by sea, no commodious building, no instruments of moving and removing such things as require much force, no knowledge of the face of the earth; no account of time, no arts, no letters, no society, and, which is worst of all, continual fear and danger of violent death, and the life of man solitary, poor, nasty, brutish, and short.
Page 96 - No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed — nor will we go upon or send upon him — save by the lawful judgment of his peers or by the law of the land.
Page 517 - THE PRACTICE OF THE HIGH COURT OF CHANCERY. With the Nature of the several Offices belonging to that Court. And the Reports of many Cases wherein Relief hath been there had, and where denyed. "This volume, in paper, type, and binding (like ' Bellewe's Cases ') is a fac-simile of the antique edition. All who buy the one should buy the other.
Page 428 - If the defendant be under an obligation, from the ties of natural justice, to refund, the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ("quasi ex contractu,") as the Roman law expresses it.
Page 336 - An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted.
Page 516 - FOUNDED ON THE INSTITUTES OF JUSTINIAN: TOGETHER WITH EXAMINATION QUESTIONS SET IN THE UNIVERSITY AND BAR EXAMINATIONS (WITH SOLUTIONS), And Definitions of Leading Terms in the Words of the Principal Authorities.
Page 163 - I intentionally say modern rules, because it must not be forgotten that the rules of Courts of Equity are not, like the rules of the Common Law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time — altered, improved, and refined from time to time.
Page 335 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.

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