Commentaries on Law, Embracing Chapters on the Nature, the Source, and the History of Law: On International Law, Public and Private : and on Constitutional and Statutory LawKay & Brother, 1884 - 855 páginas |
Dentro del libro
Resultados 1-5 de 94
Página 6
... determined . To this law are to be subjected not merely the personal sympathies or animosities of the adjudicating tribunal , but what- ever conception it may have of natural equity as distinguished from positive law . The Roman system ...
... determined . To this law are to be subjected not merely the personal sympathies or animosities of the adjudicating tribunal , but what- ever conception it may have of natural equity as distinguished from positive law . The Roman system ...
Página 24
... determined by statute ; and the first of them goes to the very basis on which the common law rests . Another important line of illustration may be drawn from the law with regard to presumptions . So far as we can learn from the scanty ...
... determined by statute ; and the first of them goes to the very basis on which the common law rests . Another important line of illustration may be drawn from the law with regard to presumptions . So far as we can learn from the scanty ...
Página 62
... determined ? The answer is , " so he replies , " by the judges of the land . They are the depositaries of the laws ; the living oracles who must decide in all cases of doubt , and who are bound by an oath to decide according to the law ...
... determined ? The answer is , " so he replies , " by the judges of the land . They are the depositaries of the laws ; the living oracles who must decide in all cases of doubt , and who are bound by an oath to decide according to the law ...
Página 64
... determined , in the reign of Henry VIII . , to stamp out all settlements by which the legal title should be in one party , and the bene ficial enjoyment in another party . For this end the statute of uses was passed ; but this end the ...
... determined , in the reign of Henry VIII . , to stamp out all settlements by which the legal title should be in one party , and the bene ficial enjoyment in another party . For this end the statute of uses was passed ; but this end the ...
Página 65
... determined to be . And with the backing of its own utility and the interested opinion thus created in its favor , it takes its place and fights its way , against the opposition of existing interests and prejudices , to a judicial ...
... determined to be . And with the backing of its own utility and the interested opinion thus created in its favor , it takes its place and fights its way , against the opposition of existing interests and prejudices , to a judicial ...
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Otras ediciones - Ver todas
Commentaries on Law: Embracing Chapters on the Nature, the Source, and the ... Francis Wharton Vista de fragmentos - 2001 |
Commentaries on Law, Embracing Chapters on the Nature, the Source, and the ... Francis Wharton Sin vista previa disponible - 2015 |
Commentaries on Law: Embracing Chapters on the Nature, the Source, and the ... Francis Wharton Sin vista previa disponible - 2017 |
Términos y frases comunes
action adopted Austin authority belligerent binding Blackstone blockade British cited citizens civil colonies common law Conf congress congress of Vienna conscience constitution consuls contraband contraband of war contract Crim criminal custom declared distinction domicil duty effect enforced England English law equity established exercise exist fact Federal force foreign France French habeas corpus held imposed infra international law judges judicial jurisdiction jurisprudence jury justice land law of nations legislation legislature lex fori lex rei sitae limited Lord matter ment neutral object offence opinion particular parties peace Pennsylvania Perels persons Phill Phillimore political port position principle prize court Prize Law punishment question regarded residence respect Roman Roman law rule Russia says sense ship sovereign sovereignty statute supra supreme court territory tion treaty United vessel Wall Whart Wheat Wheaton
Pasajes populares
Página 345 - A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...
Página 563 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Página 588 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Página 683 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 695 - Was it possible to lose the nation and yet preserve the Constitution? By general law, life and limb must be protected, yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the Constitution, through the preservation of the nation.
Página 347 - I arose, but that her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims the arbitrators should assume that her Majesty's Government had undertaken to act upon the principles set forth in these rules.
Página 563 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 563 - Under these powers the government regulates the conduct of its citizens one towards another, and the manner in which each shall use his own property, when such regulation becomes necessary for the public good.
Página 591 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Página 667 - To adopt appropriate legislation for correcting the effects of such prohibited State laws and State acts, and thus to render them effectually null, void, and innocuous.