The Law of Freedom and Bondage in the United States, Količina 1

Sprednja platnica
Little, Brown, 1858
 

Vsebina

Who may ascertain the law of nature for the state
16
Positive law and jurisprudence defined
17
Comprehensiveness of the term jurisprudence
18
General or universal jurisprudence defined
19
Use of the term law of nations
20
Of the distinction between persons and things
21
Relations consist of rights and obligations
22
Rights of persons and rights of things distinguished
23
Subjects and objects of rights
24
Public and private law distinguished
25
Law applies to territory and to persons
26
National and international law are thus differently applied
27
10
28
13
29
Of the authority of judicial precedents
30
Of customary law
31
Of the authority of private jurists
32
Of the authority of foreign laws
33
Of the authority of universal jurisprudence
34
Unwritten or customary law a part of positive law
35
In what manner international law is derived
36
In what manner international law operates
37
Universal jurisprudence a part of national and of international law
39
24 25
47
The second portion described a law in the primary sense
50
26
52
Its extent to persons depends on the will of the state
56
Statement of the first two of these maxims
63
Difference in the power of any one state to determine one or
71
True reason of the rule called comity
78
Though disallowed in the forum its incidental effects in the foreign
82
Practical effect of the ordinary doctrine of judicial comity
84
Effect of such exception in the allowance of foreign law under what
90
110
94
Effects of universal jurisprudence may be limited by laws of uni
99
Impropriety of the term conflict of laws
105
CHAPTER III
114
28
116
On a change of sovereigns the territorial law of a country con
123
The entire body of common law was not as a personal law trans
126
colonists
129
29
131
97
137
The right of property under this personal law existed only in refer
138
30
141
distinguished
143
Illustration of the meaning of constitutio juris gentium in the
149
How the fact of such change may be known
155
32
159
By this modification slavery was no longer attributable to univer
161
Slavery not regarded by a state as contrary to Christianity if sus
175
100
180
Case of Butts v Penny
181
Attempted statement of the legal distinction in these cases
189
TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL
195
A necessary difference of international coöperation in determining
196
Principles of a universal jurisprudence may be applied to a partic
200
Necessity of recurring to principles of universal jurisprudence
201
34
202
35
205
Term colonists in the charters how to be understood
207
Of the Roman law of manumission
213
Legal incidents of the condition of such persons
220
130
225
The recognition of chattel slavery under comity limited by universal
231
SEC PAGE
233
134
246
66
247
Of the origin of the law to be ascertained either in legislation
250
135
252
220
254
Of two Scotch cases having the like character
256
Authorities on the law of Germany
262
221
265
Classification of the preceding views of the question
293
107
294
229
297
Legal personality may have been attributed to all
299
How a natural law is distinguishable in this connection
305
230
309
Further illustration of the same
311
Of an international or quasiinternational law arising from such
315
England
317
Origin and continuance of law determining the condition of
321
Deficiency of juristical opinion on other supposable cases
323
Of individual and relative rights
329
Change of sovereignty in the Revolution
330
Slavery created by foreign law recognized where liberty is not uni
332
36
334
The word people in the constitutions designates only a portion
336
The people of the United States assumed a national sovereignty
342
Of the territory occupied by the original thirteen States
347
Quality of political liberty variable according to its distribution
353
CHAPTER IV
358
Supremacy of the national judiciary in determining the law con
365
ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES
366
The recognition of the bondage of legal persons limited by the uni
369
Decision of Supreme Court that negroes are not citizens as
371
THE SUBJECT CON
383
TO FREEDOM AND ITS OPPOSITES ENTERING INTO THE COMMON
389
Stowells overstatement of the previous recognition of its law
396
Reference to the distinction between legal persons and legal things 458
407
Rights which must be attributed to the individuals composing that
413
Liberty as secured by the Constitution is definable only by refer
420
rations of right
425
Distribution of power to modify the effects of common law includ
426
Hence not so known in Massachusetts and the British isles inde
427
Common law in the Territories is a local law
432
Inconsistencies in that opinion
436
Of the evidence of the existence of a principle of universal juris
437
CHAPTER XIII
438
SEC PAGE
441
How far necessarily the same in all the States how far may
447
392
451
International law in the Territories regarded as jurisdictions having
453
The jurisdiction can be exercised only by courts of ordinary
456
Distinction of the administrative and the judicial application
462
How legal conclusions might be different for England and
464
Of powers whose nature may vary by their investiture in the
477
Distinction of the early State Governments as restricted or not
480
Law is in extent either territorial or personal
486
tion of sovereignty
487
Of the analysis of law which is made in the Institutes
492
Illustration in civil and criminal jurisdiction
493
The States may limit the application of their several judicial
499
Of the doctrine as a political principle
503
The doctrine of property in slaves as set forth in Chief Justice
509
The standard is found in the customary law of all civilized nations 566
515
The distribution of power over status is not the same as during
520
Illustrated in an extract from Senator Benjamins speech
528
Nor sustained by the law having a national and personal extent
530
Mr Justice Daniels opinion
533
The idea that the national Government may remain neutral in
534
The laws of the several States have no territorial extent beyond
536
South Carolina
539
Means of distinguishing the sources from which the private law
549
The international law how distinguishable from internal law
563
Historical proof that such law is not the foundation of slavery
569
Of liberty as an effect of law 37
575
among all or many nations
579
Of the territorial limits of the States
582
Inconsistency of the conclusion with the doctrine to which it
595
160
600
Law as opposed to liberty is under the Constitution a rule already
601
The legal and the ethical idea and objective and subjective apprehen sion of liberty
605
85
607
Modern universal jurisprudence supporting chattel slavery has
616

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Priljubljeni odlomki

Stran 472 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
Stran 520 - The purposes for which men enter into society will determine the nature and terms of the social compact ; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature and ends of legislative power will limit the exercise of it.
Stran 127 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
Stran 128 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Stran 280 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
Stran 514 - And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth ; so the act of a -public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal ; we were then alive in our predecessors* and they in their successors do live still.
Stran 246 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Stran 463 - But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of Government.
Stran 118 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has no allowance or authority there; they being no part of the mother country, but distinct (though dependent) dominions.
Stran 259 - No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any...

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