Articoli correlati a Selections on the Elements of Jurisprudence
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...for which those rights and duties are respectively given by the state. And I object to the names "substantive and adjective law," as tending to suggest that such is the basis of the division. It appears to me that the true principle of division rests exclusively upon a difference between the events from which the rights and duties respectively arise. Those which I call "primary" do not arise from injuries, or from violations of other rights and duties. Those which I call "secondary" or "sanctioning" (I style them "sanctioning" because their proper purpose is to prevent delicts or offenses) arise from violations of other rights and duties, or from injuries, delicts, or offenses. CHAPTER IV. THE RELATION OF ENGLISH LAW TO AMERICAN LAW. From 1 Kmt's Oomnumtaries, 472-473. But though the great body of the common law consists of a collection of principles, to be found in the opinions of sages, or decreed from universal and immemorial usages, and receiving progressively the sanction of the courts, it is, nevertheless, true that the common law, so far as it is applicable to our situation and government, has been recognized and adopted as one entire system by the constitutions of Massachusetts, New York, New Jersey, and Maryland. It has been assumed by the courts of justice, or declared by statute, with the like modifications, as the law of the land in every state. It was imported by our colonial ancestors, as far as it was applicable, and was sanctioned by royal charters and colonial statutes. It is also established doctrine that English statutes, passed before the emigration of our ancestors, and applicable to our situation and in amendment of the law, constitute a part of the...
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- EditoreRareBooksClub.com
- Data di pubblicazione2013
- ISBN 10 1152179373
- ISBN 13 9781152179370
- RilegaturaCopertina flessibile
- Numero di pagine82
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