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That Charles II. did in fact cause its overthrow gives him a claim to our common gratitude, for he then struck a decisive blow for the emancipation of Massachusetts; and thus his successor was enabled to open before her that splendid career of democratic constitutional liberty which was destined to become the basis of the jurisprudence of the American Union.
The circumstantial evidence with which lawyers, qua lawyers, are familiar under our system of jurisprudence is an artificial thing created by legislation or custom, with the object of preventing the minds of the jury presumably a body of untrained and unlearned men from being confused or led astray.
The Roman distinction between the Law of Persons and the Law of Things, which though extremely convenient is entirely artificial, has evidently done much to divert inquiry on the subject before us from the true direction. The lessons learned in discussing the Jus Personarum have been forgotten where the Jus Rerum is reached, and Property, Contract, and Delict, have been considered as if no hints concerning their original nature were to be gained from the facts ascertained respecting the original condition of Persons. The futility of this method would be manifest if a system of pure archaic law could be brought before us, and if the experiment could be tried of applying to it the Roman classifications. It would soon be seen that the separation of the Law of Persons from that of Things has no meaning in the infancy of law, that the rules belonging to the two departments are inextricably mingled together, and that the distinctions of the later jurists are appropriate only to the later jurisprudence. From what has been said in the earlier portions of this treatise, it will be gathered that there is a strong
The old Nexum has now bequeathed to maturer jurisprudence first of all the conception of a chain uniting the contracting parties, and this has become the Obligation. It has further transmitted the notion of a ceremonial accompanying and consecrating the engagement, and this ceremonial has been transmuted into the Stipulation.
Why not put the whole system of criminal jurisprudence and procedure for the suppression of crime upon a sensible and scientific basis? By Charles Dudley Warner This is the first public meeting of the National Institute of Arts and Letters.
The work from which it is taken is a collection of legal opinions, which had in their day the force of judicial decisions of something equivalent to the "responsa prudentum" of Roman jurisprudence. Each is expounded on its own merits; and all the special doctrines involved in it are laid down.
Gibbon's examination of the Justinian Code is justly regarded as one of the most important features of the historian's great work, and in several of the leading universities of Europe has long been used as a text-work on civil law. When Justinian ascended the throne, the reformation of the Roman jurisprudence was an arduous but indispensable task.
A failure to appreciate either the beauty or the value of our living birds, quadrupeds and fishes is the hall-mark of arrested mental development and ignorance. The victim is not always to blame; but in this practical world the cornerstone of legal jurisprudence is the inexorable principle that "ignorance of the law excuses no man."
There have been rumors from the beginning of the century of women being impregnated in a bath, from contact with cloths containing semen, etc., and some authorities in medical jurisprudence have accepted the possibility of such an occurrence. It is not in the province of this work to speculate on what may be, but to give authoritative facts, from which the reader may draw his own deductions.
He conceived that changes made in religious institutions by mere secular authority might disgust many churchmen, who would yet be perfectly willing to vote, in an ecclesiastical synod, for changes more extensive still; and his opinion had great weight with the King, It was resolved that the Convocation should meet at the beginning of the next session of Parliament, and that in the meantime a commission should issue empowering some eminent divines to examine the Liturgy, the canons, and the whole system of jurisprudence administered by the Courts Christian, and to report on the alterations which it might be desirable to make,
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