Topics of Jurisprudence Connected with Conditions of Freedom and BondageD. Van Nostrand, 1856 - 113 頁 Excerpt from Topics of Jurisprudence Connected With Conditions of Freedom and Bondage The other class of persons, among whom it is hoped some will be found to take an interest in the subject of these chapters, is certainly far more numerous -those who wish to examine those legal questions, arising out of the existence of domestic slavery in some of the States of the American Union, which may affect the rights and obligations of the inhabitants of the other States. The importance of these questions at the present time it is unnecessary to enlarge upon. In the following pages it is attempted to state only the most elementary and abstract principles necessary to be established in making a legal exami nation of the qu eetions, so far as it is possible to do so without making any reference to the fundamental principles of law peculiar to this country. The attempt thus to state, by them selves, and apart from any illustration by actual cases, a con nected system of abstract principles of law applicable to a subject of practical importance, is certainly attended with some difficulty. A discussion, however, which should not be based on some principles admitted by all who may take part in it, would be a logical absurdity; and whatever may be the success of the effort here made in that direction, it cannot but be admitted to be a reasonable endeavor. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. |
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... reference to the fundamental principles of law peculiar to this country . The attempt thus to state , by them- selves , and apart from any illustration by actual cases , a con- nected system of abstract principles of law applicable to a ...
... reference to the public law of the United States . This will comprise an examination of the constitutional test of political power ; of the possible application of sovereign power in producing law , which is either internal or ...
... reference to order of time or of authority . Conditions of things are necessarily presupposed in the enunciation of a rule of action , and in this connection the former may be called the primary and the latter the secondary law . Some ...
... reference to a rule which it is possible for him to disobey ; whether they are deter- mined by the precepts of a religious creed , taken to be the reve- lation of a divine will , or by the dictates of human reason . Whether they also ...
... reference to this quality of the law , by which it has an actual determined existence in reference to any given state of things in which it may be appealed to , we call it positive law . " 3 Molloy de Jure Marit . B. iii . , c . 9 , § 1 ...