| John R. McKivigan - 1999 - 424 páginas
...confine, deport, and sell, "must be recognized by the law of the country where it is used. The power of a master over his slave has been extremely different,...reasons, moral or political; but only [by] positive law. ..." This strong assertion led later lawyers and jurists construing the phrase "the law of the country... | |
| David Brion Davis - 1999 - 577 páginas
...text of his statement on positive law, he based his judgment on a doctrine of judicial restraint : The state of slavery is of such a nature, that it is incapable of being now introduced by courts of justice upon mere reasoning or inferences from any principles, natural... | |
| Kermit L. Hall - 2000 - 522 páginas
...recognized hy the law of the country where it is used. The power of a master over his slave has heen extremely different, in different countries. The state of slavery is of such a nature, that it is incapahle of heing introduced on any reasons, moral or political; hut only [hyi positive law. .... | |
| T. Gregory Garvey - 2001 - 310 páginas
...America, Somerset sued for a writ of habeas corpus, which Lord Mansfield allowed on the ground that "the state of slavery is of such a nature that it...being introduced on any reasons, moral or political. It is so odious that nothing can be suffered to support it but positive law." (Hart, Slavery and Abolition,... | |
| David Dyzenhaus, Arthur Ripstein - 2001 - 1086 páginas
...extent, we find a clear intimation of the principle above stated. Slavery, said Lord Mansfield, "is of such a nature that it is incapable of being introduced...reasons, moral or political, but only by positive law." "It is so odious, that nothing can be suffered to support it, but positive law." But this is a clear... | |
| Steven Wise - 2000 - 386 páginas
...high an act of dominion must be recognized by the law of the country where it is used. The power of a master over his slave has been extremely different,...countries. The state of slavery is of such a nature, that is it incapable of being introduced on any reasons, moral or political; but only (by) positive law... | |
| John W. Johnson - 2001 - 536 páginas
...contrary to the common law of England. "The state of slavery is of such a nature," Mansfield wrote, "that it is incapable of being introduced on any reasons, moral or political; but only positive law [statutory law], which preserves its force long after the reasons, occasions, and times... | |
| Randy J. Sparks - 2009 - 224 páginas
...delegation. Mansfield handed down his ruling in June 1772. The Chief Justice of the King's Bench ruled that "the state of slavery is of such a nature, that it is incapable of being . . . introduced . . . upon mere reasoning, . . . natural or political; it must take its rise from . . . positive law... | |
| Vincent Carretta - 2005 - 472 páginas
...published a collection of reports of cases in King's Bench. According to Lofft, Mansfield remarked that "the state of slavery is of such a nature, that it...introduced on any reasons, moral or political: but only positive law, which preserves its force long after the reasons, occasion, and time itself from whence... | |
| Jacqueline Bacon - 2007 - 340 páginas
...in the decision were used frequently to argue that slavery fundamentally contradicted natural law: "The state of slavery is of such a nature, that it...being introduced on any reasons, moral or political. . . . It's so odious, that nothing can be suffered to support it, but positive law."28 This decision... | |
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