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 4
... tion of the law of nature , which it was not , as will be pre- sently seen . It is extraordinary that that passage should be adduced , when in the very one next succeeding , Sir W. Blackstone expressly says , with respect to the law of ...
... tion of the law of nature , which it was not , as will be pre- sently seen . It is extraordinary that that passage should be adduced , when in the very one next succeeding , Sir W. Blackstone expressly says , with respect to the law of ...
Página 7
... tion and frame of humanity that we should want no " other prompter to inquire after and pursue the rule of right , but only our own self love , that universal prin- " ciple of action . " * Those objections are , that + It is the essence ...
... tion and frame of humanity that we should want no " other prompter to inquire after and pursue the rule of right , but only our own self love , that universal prin- " ciple of action . " * Those objections are , that + It is the essence ...
Página 12
... tion . " To qualify himself for permanent happiness every man is required to discharge his relative and social duties , but that cannot be done without consulting the happiness . of others ; or , to use the language of the Remarks ...
... tion . " To qualify himself for permanent happiness every man is required to discharge his relative and social duties , but that cannot be done without consulting the happiness . of others ; or , to use the language of the Remarks ...
Página 14
... tion . " 66 It is , in the next place , asserted , that , in pursuing the ' distinction between religion and morality , the learned ' commentator does not evince his usual perspicuity ; ' and the following passages from the Commentaries ...
... tion . " 66 It is , in the next place , asserted , that , in pursuing the ' distinction between religion and morality , the learned ' commentator does not evince his usual perspicuity ; ' and the following passages from the Commentaries ...
Página 26
... great end of government is to preserve civil society in order ; but that society must exist before any means can be exer- cised for its preservation . Government is the regula 66 tion of the thing , not the thing itself 26 Vindication of.
... great end of government is to preserve civil society in order ; but that society must exist before any means can be exer- cised for its preservation . Government is the regula 66 tion of the thing , not the thing itself 26 Vindication of.
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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.