The Elements of JurisprudenceOxford University Press, American Branch, 1906 - 443 pages |
Contents
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Common terms and phrases
according action agent agreement arise authority bailment Bentham Bürgerliches Gesetzbuch called causa cause CHAP Code Civil Common Law contract Court creditor damage defined described distinction doctrine droit duties effect enforced English law existence express fact French Code German Civil Code Holmes implied infra infringed injury Inst iuris Jurisprudence Juristic Act juristic personality land law of England liability Lord marriage ment merely modern modes moral nature negligence object obligation owner ownership parties person of incidence person of inherence plaintiff pledge Pollock possession praetor principle private law question quod Recht recognised remedial result rights in personam rights in rem Roman law rules Sabinian schools Savigny says Scots law servant servitudes Statute sunt Supra systems of law term thing tion Torts Ulpian usucapio usufruct Vict viii καὶ
Popular passages
Page 273 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 71 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 304 - ... [subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed], to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor...
Page 307 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 76 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Page 36 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 146 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another: therefore it contenteth itself •with the immediate cause; and judgeth of acts by that, without looking to any further degree.
Page 268 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 20 - Wherefore, that here we may briefly end, of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world; all things in heaven• and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 45 - And in him consisteth the essence of the commonwealth; which, to define it, is "one person, of whose acts a great multitude, by mutual covenants one with another, have made themselves every one the author, to the end he may use the strength and means of them all, as he shall think expedient, for their peace and common defence.