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Updated: June 7, 2025
His voice also was high-pitched and querulous, so that, when smarting under Master Peter Young's unsparing inflictions, the expression of his grotesque physiognomy, and the superhuman yells which he uttered, were well suited to produce all the effects on the Monarch who deserved the lash, that could possibly be produced by seeing another and an innocent individual suffering for his delict.
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
2 Guardians, again, who can be sued by the action on guardianship, cannot properly be said to be bound by contract, for there is no contract between guardian and ward: but their obligation, as it certainly does not originate in delict, may be said to be quasicontractual.
Everything about her gave the impression of the security of power in this delicately curved inanimate creature, swift and intelligent as a greyhound or some bird of prey. The privateer crew stood silent, ready in case of resistance to shatter the wretched merchantman, which, luckily for her, remained motionless, like a schoolboy caught in flagrant delict by a master.
The part of Roman law which has had most extensive influence on foreign subjects of inquiry has been the law of Obligation, or what comes nearly to the same thing, of Contract and Delict.
To one so much a stranger to the mansuetude of Polynesians, this must have seemed an act of desperation; and the baron's gallantry met with a deserved success. The six ring-leaders, acting in Mataafa's interest, had been guilty of a delict; with Mataafa's approval, they delivered themselves over to be tried.
The many peculiarities of the mature Roman law of Contract and Delict which are traceable to these two ideas, whether singly or in combination, are therefore among the exclusive products of one particular society.
To one so much a stranger to the mansuetude of Polynesians, this must have seemed an act of desperation; and the baron's gallantry met with a deserved success. The six ringleaders, acting in Mataafa's interest, had been guilty of a delict; with Mataafa's approval, they delivered themselves over to be tried.
18 Actions arising from delict are sometimes purely penal, sometimes are partly penal and partly reparative, and consequently mixed. The sole object of the action of theft is the recovery of a penalty, whether that penalty be four times the value of the property stolen, as in theft detected in the commission, or only twice that value, as in simple theft.
"Assuredly," said Saddletree, "it being a statute made by our Sovereign Lord and Lady, to prevent the horrid delict of bringing forth children in secret The crime is rather a favourite of the law, this species of murther being one of its ain creation." "Then, if the law makes murders," said Mrs.
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