The Law Journal: Consisting of Original Communications on Legal Subjects, Opinions of Counsel, Account and Analysis of New Law Books, Volumen3Dennis & Company, 1807 |
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Página 8
... position itself , but it is merely affirmed that a particular consequence will result , supposing it to be correct ; that is , that the merit of our best actions would in that case be lost . It is a very com- mon thing for visionary ...
... position itself , but it is merely affirmed that a particular consequence will result , supposing it to be correct ; that is , that the merit of our best actions would in that case be lost . It is a very com- mon thing for visionary ...
Página 21
... positions which we shall next be called upon to defend and such being his meaning , it is unaccountable that he should have been supposed to employ those words in the same sense with Montesquieu , who means those wants which prompt man ...
... positions which we shall next be called upon to defend and such being his meaning , it is unaccountable that he should have been supposed to employ those words in the same sense with Montesquieu , who means those wants which prompt man ...
Página 22
... position to be true , it does not affect the doctrine of the learned com- mentator , who expressly says , that " perhaps in no instance " has such original contract been expressed at the first insti- " tution of a state . " Neither does ...
... position to be true , it does not affect the doctrine of the learned com- mentator , who expressly says , that " perhaps in no instance " has such original contract been expressed at the first insti- " tution of a state . " Neither does ...
Página 23
... position is in substance thus opposed- ' If it were a natural and inherent right , it would be our duty to acquiesce , although the supreme power should persist in invading our property , and in- fringing our rights : but , inasmuch as ...
... position is in substance thus opposed- ' If it were a natural and inherent right , it would be our duty to acquiesce , although the supreme power should persist in invading our property , and in- fringing our rights : but , inasmuch as ...
Página 25
... position that government RESULTS from the formation of civil society is not intelligible ; since ' ( as he will have it ) it is the exercise of , and sub- mission to those powers and supreme institutions , in which all regular ...
... position that government RESULTS from the formation of civil society is not intelligible ; since ' ( as he will have it ) it is the exercise of , and sub- mission to those powers and supreme institutions , in which all regular ...
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Términos y frases comunes
absolute rights act of parliament action admitted allegiance argument asserts attainted Blackstone's bona vacantia branch circulation civil society Commentaries common law common recovery consequence considered constitution contend contract conveyancer debt Declaration doctrine duty England entering into society estate-tail evidence exercise existence expression former gentleman hath Ibid increase individual interest justice king kingdom labour land law of nature learned commentator learned commentator's legislature Lord Coke means ment mentator merely mischief or private Montesquieu moral natural liberty natural right necessary object obligation opinion parliament parliament of England particular passage person plaintiff position possession present principle public mischief quantity question reason Remarks render respect rule says Scotland Sedgwick seems shew Sir W Sir William Blackstone sovereignty speaking specie statute suffered sufficient supposed taxes tenant in tail thing tion trade treatise union whole words
Pasajes populares
Página 75 - This natural liberty consists properly in a power of acting as one thinks fit ; without any restraint or control, unless by the law of nature ; being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endued him with the faculty of free will.
Página 107 - In vain may it be urged, that the good of the individual ought to yield to that of the community; for it would be dangerous to allow any private man or even any public tribunal to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested, than in the protection of every individual's private rights, as modelled by the municipal law.
Página 107 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it ; no, not even for the general good of the whole community.
Página 27 - For when civil society is once formed, government at the same time results of course, as necessary to preserve and to keep that society in order. Unless some superior be constituted, whose commands and decisions all the members are bound to obey, they would still remain as in a state of nature, without any judge upon earth to define their several rights, and redress their several wrongs.
Página 22 - ... yet in nature and reason must always be understood and implied in the very act of associating together: namely, that the whole should protect all its parts, and that every part should pay obedience to the will of the whole ; or, in other words, that the community should guard the rights of each individual member, and that, in return for this protection, each individual should submit to the laws of the community ; without which submission of all, it was impossible that protection could be certainly...
Página 52 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Página 97 - For no man. that considers a moment, would wish to retain the absolute and uncontrolled power of doing whatever he pleases: the consequence of which is, that every other man would also have the same power; and then there would be no security to individuals in any of the enjoyments of life.
Página 107 - If a new road, for instance were to be made through the grounds of a private person, it might perhaps be extensively beneficial to the public ; but the law permits no man, or set of men, to do this without consent of the owner of the land.
Página 80 - ... that residuum of natural liberty, which is not required by the laws of society to be sacrificed to public convenience ; or else those civil privileges which society hath engaged to provide, in lieu of the natural liberties so given up by individuals.
Página 294 - Senera4y introduced to supply or retrieve *the expenses occasioned by *• •• the former: it being a kind of tacit confession, that the company engaged therein do, in general, exceed the bounds of their respective fortunes; and therefore they cast lots to determine upon whom the ruin shall at present fall, that the rest may be saved a little longer.