A First Book of Jurisprudence for Students of the Common LawMacmillan, 1896 - 348 pages |
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A. V. Dicey Act of Parliament action appear applied artificial person authorised authority binding Blackstone bound called capable century citizens civilised claim Common Law commonly consent consequences considered constitution contract corporeal things Court of Appeal courts of justice custom decisions definite determined disposal distinct doctrine duties and rights easement effect England English law enjoyment example exercise exist express fact French House of Lords importance intention interest judges judgment judicial jurisdiction jurisprudence kind king's land law merchant Law Reports legal rules legislation liability limited Lord Campbell Lord Esher matter means ment merely modern law moral motive natural negative duties opinion owner ownership particular parties political possession possible practice principles private law purpose question reason recognised regard relations Roman law rules of law sense sovereignty speak statute system of law tion usage words writers wrong
Popular passages
Page 79 - Omne autem ius quo utimur vel ad personas pertinet, vel ad res, vel ad actiones.
Page 231 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 250 - Before that period we find that in courts of law all the evidence in mercantile cases was thrown together; they were left generally to a jury, and they produced no established principle. From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration but to serve as a guide to the future.
Page 304 - ... for the sake of attaining uniformity, consistency and 1 Parton v. Williams (1820), 22 RR at p. 422 ; 3 B. & Aid. at p. 341. certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise...
Page 232 - Lastly, acts of parliament that are impossible to be beperformed 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.
Page 230 - 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.
Page 228 - Centuriatis comitiis or tributis, the same may be done by the parliament of England, which representeth and hath the power of the whole realm both the head and the body.
Page 330 - Conflicts of Capital and Labour Historically and Economically considered. Being a History and Review of the Trade Unions of Great Britain, showing their Origin, Progress, Constitution, and Objects, in their Political, Social, Economical, and Industrial Aspects.
Page 263 - Richardson, Ch. Just, de C. Bane, al Assises at Salisbury, in summer 1631, fuit assault per prisoner la condemne pur felony; que puis son condemnation, ject un brickbat a le dit Justice...
Page 303 - Our common law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedents; and for the sake of attaining uniformity, consistency, and certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise...