Commentaries on the Liberty of the Subject and the Laws of England relating to the Security of the Person: In 2 Volumes, 第 1 卷

Macmillan, 1877

INTRODUCTION	1

Whether law is a science	7

General definitions of law by various writers	14

Objections to current standard definition	24

Object of law is that all may follow their occupations with	27

Law is restriction on human actions	31

As to how law is enforced	38

Security is end and scope of all municipal laws	43

ACTUAL INJURY TO THE BODY BY THE NEGLIGENCE OF OTHERS	246

59	252

Classification of circumstances displaying negligence	258

Negligence in keeping premises near highway	264

62	268

Dangerous and mad dogs	271

Discovery of this rule an example of judgemade law	277

66	282

Division of law by Roman and foreign writers	51

Objections to current division of	59

Fifth division is security of thought speech and character	65

CHAPTER II	71

Origin of government social contract and divine right	79

PAGE	84

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

26	149

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

Meaning of word wrong	177

The security of the person	183

TEMPORARY ARREST AND IMPRISONMENT OTHER THAN	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

If security for good behaviour can be enforced against libellers	206

Attempt to provoke a challenge is a crime	212

Old statutes as to servants leaving service	218

Tumultuous assemblies	224

Riots to demolish buildings	230

Duty of justices after proclamation of riot	236

32	241

Who may stop an affray	243

Negligence in selling poisons	283

PROTECTION OF THE BODY AGAINST INJURIES INTENTIONAL	287

Some assaults are excusable or justifiable	293

Masters assaulting servants	299

67	300

Assault in ejecting stranger from house or land	305

Justices punishing for assaults on women and children	311

Assaults on parents treated as common assaults	317

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

68	361

The means used for murdering	367

Killing by drugs or means of cure	368

69	369

Other divisions and terms used by legal authors	378

The murderers relatives also punished	381

Perplexity of the ancients as to suicide	395

Views of Locke Somers Beccaria and others	405

Fees and expenses of coroner	409

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	495

書名	Commentaries on the Liberty of the Subject and the Laws of England relating to the Security of the Person: In 2 Volumes, 第 1 卷 Commentaries on the Liberty of the Subject and the Laws of England relating to the Security of the Person: In 2 Volumes
作者	James Paterson
出版者	Macmillan, 1877
來源：	巴伐利亞州立圖書館 (J.rel. 321-1)
已數位化	2017年12月11日

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