Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, Količina 1

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Macmillan and Company, 1877 - 468 strani

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Law does not dictate occupations
45
Division of law according to English writers
51
Reasons for discarding the division into the law of persons
57
Second division is security of property
63
Summary of tenfold division of law
69
Liberty not confined to bodily freedom
76
Origin of government social contract and divine right
79
Reason why theory of original contract keeps its ground
86
Useful only for practical purposes
92
Distinction of law of nature
99
Distinction of the divine law
107
Divine law not enforced like municipal law
114
Theory on which it was founded
121
The canon law
128
Theories as to origin of common law
134
Judiciary or judgemade law what
140
Legal fictions
147
Adherence to precedents assumes means of knowledge of
153
Law and Equity and distinction of courts
157
Codification of law how far necessary
164
Duty of government to codify laws
171
INTROD CHAP II DISCUSSION OF OTHER DIVISIONS TERMS
176
Meaning of word wrong
177
The security of the person
183
PROTECTION OF THE BODY AGAINST THREATS AND APPRE
186
What is a threat of personal violence
189
How application for security of the peace is supported
195
Mode of arresting and binding over a party to security of
199
Surety for good behaviour ordered by statute
207
Criminal information granted for challenge
213
PROTECTION OF THE BODY AGAINST ACTUAL INJURY BY
217
Series of statutes as to combinations of workmen
219
Unlawful assembly distinguished from riot rout affray
225
26
227
Individuals stopping a riot
231
Duty and discretion in using military force in riots
238
32
241
PROTECTION OF THE BODY AGAINST INJURIES INTENTIONAL
287
Some assaults are excusable or justifiable
293
Masters assaulting servants
299
Assault in disputes as to possession of real property
305
Justices punishing for assaults on women and children
311
Assaults on parents treated as common assaults
317
PROTECTION OF THE BODY AGAINST MALICIOUS WILFUL
322
If murder is the earliest crime recognised
323
Mental capacity of the murderer
329
Express and implied malice
335
Mutual fighting and a fatal issue
342
Receiving felon into ones house
348
Killing in defence of exclusive possession of property
355
Killing in correcting children
361
The means used for murdering
367
Killing by drugs or means of cure
368
Killing proved only by evidence of body being found
375
The murderers relatives also punished
381
Confiscation of thing causing deathdeodands
387
The sentence on murderers
393
Ancient and modern punishment of suicide
399
By whom and how coroners appointed or elected
405
The coroners jury and verdict
411
The modern crimes of causing grievous bodily harm
417
RESTRICTIONS ON HUMAN ACTIONS OWING TO COMPULSORY ACTS
422
Compulsory knighthood
428
Restrictions as to dress
435
Right of wearing arms
441
Marine service on shore how controlled
447
Compulsory office of juror
453
Jury deciding by lot
461
Remedy for witness not attending High Court
468
Protection of witness from arrest during compulsory service
474
Compulsory office of churchwarden
481
Universal prevalence of slavery
487
Contract to serve another for life how far legal
494

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Stran 253 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Stran 149 - JUDGES ought to remember that their office is jus dicere, and not jus dare — to interpret law, and not to make law, or give law ; else will it be like the authority claimed by the Church of Rome, which, under pretext of exposition of Scripture, doth not...
Stran 236 - Our sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.
Stran 20 - 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.
Stran 391 - in any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased ; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously...
Stran 121 - that the king is the universal lord and original proprietor of all the lands in his kingdom : (z) and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Stran 20 - Civil law is to every subject those rules which the commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of, for the distinction of right and wrong; that is to say, of what is contrary and what is not contrary to the rule.
Stran 421 - A hideous, sordid, and emaciated maniac, without knowledge, without patriotism, without natural affection, passing his life in a long routine of useless and atrocious self-torture, and quailing before the ghastly phantoma of his delirious brain, had become the ideal of the nations which had known the writings of Plato and Cicero and the lives of Socrates and Cato.
Stran 314 - Battery in which any Question shall arise as to the Title to any Lands, Tenements, or Hereditaments, or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Stran xv - The political liberty of the subject is a tranquillity of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man need not be afraid of another.

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