American Law and Procedure: A Systematic, Non-technical Treatment of American Law and Procedure, Volume 13

Capa
James Parker Hall, James De Witt Andrews
La Salle Extension University, 1928
 

Páginas seleccionadas

Índice

CHAPTER III
73
31
79
32a The utility of definition
85
36
91
The universal system of classification
98
CHAPTER IV
107
Classification of legal treatises
109
Legal analysis in American treatises
110
How legal subjects are classified
111
The reason for and fallacy of Blackstones primary classi fication
112
Blackstones definition of municipal law examined
114
The rightandwrong clause condemned
117
The definition no basis for classification
120
A false antithesis is made the ground for classification
123
Supposed reason for the definition
126
Blackstones primary classification not adhered to by him self
127
This classification was novel
128
The right to redress in court is a right
130
Municipal law defined
132
Primary classification The subjects of jurisprudence
134
CHAPTER V
135
Suggestions on criticism construction and interpretation
136
Meaning of leading words obscure
137
Public and private law
138
Ancient classifications
144
Rights of personsBlackstones meaning
146
Austins misstatement of Blackstones meaning
148
Different views of Blackstones meaning
149
Blackstones explanation
151
The law of persons in English jurisprudence differs from the same in Roman law
152
The legal conception of leading words
155
The word person defined Gaius says
156
Ortolans explanation of personality
161
Ortolans explanation of things
167
Lord Hales conception of things
173
Concluding observations
183
The classification by civilians of rights as real and personal
190
The application of these distinctions in our law
196
Right and obligation correlative a right is a possession
202
Absolute and relative rights
204
All rights are relative not absolute
206
Blackstones treatment does not justify the designation
208
Lord Hale did not recognize absolute rights
210
Distinction between Hales and Blackstones treatment
211
Rights are secured not surrendered by creating govern ment
212
Resume of the statements
215
Possible explanation of Blackstones meaning
218
CHAPTER VII
221
Magistrate and people British and American view
226
Classes of magistrates
228
95
229
Public persons
233
The people of the United States
235
Definition of terms
236
Society natural and civil
237
100 The people
238
102 Double meaning of state
239
103 Complexity of the state and national system
241
CHAPTER VIII
244
105 Capacity Power Sovereignty
246
106 Early idea of sovereignty in English law
247
107 The divided sovereignty of Blackstones time
249
117 The people expressly limit their power
261
118 All legislative power is limited
262
119 The natural right of revolution is recognized
265
121 The right of expatriation allows the constant exercise of assent or dissent
273
122 All political action was taken in the name of the people
274
The convention of 1787 acted in autre droit
276
124 The act of adopting the new constitution violated the com pact of confederation between the states
277
125 The autonomy of the states was preserved
278
127 Republican form of government described
279
The form of government is not democratic
280
128 Limitation of all power
281
Constitutional amendments
282
CHAPTER IX
285
130 States are essential constituents of the nation
286
132 A state cannot be sued by an individual except by consent
287
133 An individual contracts with a state at his peril
288
134 Limitation on their mode of action
289
136 Amendments of state constitutions
290
137 Nature of suffrage
291
139 The new meaning of sovereignty
292
140 The method by which the people bound themselves
294
141 Government of law established
295
142 The fundamental principles of selfgovernment
296
CHAPTER X
300
145 Anterevolutionary conventions
301
146 Extension of the union
305
148 Territory ceded by the states
307
149 Relation of the ordinance to the constitution
308
150 On the admission of a state the ordinance became no longer in force as to it
309
Diverse views stated
310
152 The doctrine of inherent power
311
Rule for applying the doctrine
313
153 The right to govern
315
155 Annexation of independent countries
316
157 The governmental power in territories
319
158 Effect of change of government on political and private law and civil rights
322
159 Civil rights secure Political rights there are none
324
160 Colonial dependency may be continued No territorial government need be erected
325
162 The partition of jurisdiction by admission
326
163 Effect of transfer of title on permanent immovable structures
327
165 Mineral lands Acquisition and disposition by the govern ment
328
166 Colonial possessions Ancient policy and practice
330
Modern doctrine and decision
331
CHAPTER XI
334
168 The sources of law
335
169 The supreme law of the land
336
171 The common law
337
172 Unwritten or customary law
340
173 Development of the common law
341
174 Judgemade law
342
175 Improper judicial legislation
343
176 The rule Stare Decisis
346
176a Law must keep pace with the conditions of trade and society
347
177 The law merchant
349
178 The maritime law
355
179 Express adoption of the common law
363
181 Where the question does not involve a state law
366
182 Constitutional interpretations by common law
367
184 Military law
368
185 Ecclesiastical and canonlaw
369
Direitos de autor

Outras edições - Ver tudo

American Law and Procedure, Volume 13

Visualização integral - 1918
American Law and Procedure ...
James Parker Hall,James De Witt Andrews
Visualização integral - 1911
American Law and Procedure, Volume 13
James De Witt Andrews
Visualização integral - 1910

Palavras e frases frequentes

absolute rights acquire action adopted American law analysis applied Austin's Jur authority Blackstone Blackstone's body capacity choses in action citizens civil law civil rights classification Commentaries common law consent Const constitutional law contract court Declaration definition distinction division doctrine England English law equal exercise existence expression Gaius Hale and Blackstone Hale's Hammond idea individual Institutes judicial jura rerum juris jurisdiction jurisprudence jurists Justice Justinian king land language law merchant law of England law of nature law of persons legislative magistrates matter meaning ment municipal law nation natural law objects obligation parliament persons and rights political positive law principles reason relations relative rights rights and wrongs rights of persons rights of things Roman law rules Sandars says sense society sovereign sovereignty status supreme system of law term territory theory tion treated United Wilson's word person

Informação bibliográfica

TítuloAmerican Law and Procedure: A Systematic, Non-technical Treatment of American Law and Procedure, Volume 13
American Law and Procedure: A Systematic, Non-technical Treatment of American Law and Procedure, James De Witt Andrews
EditoresJames Parker Hall, James De Witt Andrews
ColaboradorLa Salle Extension University
EditoraLa Salle Extension University, 1928
Original deUniversidade de Indiana
Digitalizado21 Jun 2011
  
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