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The losing party, if the jury were allowed to decide the law for him, would be deprived of his exception, and of his unquestionable right to have the law of his case pronounced upon by the Supreme Court. Ad questiones juris respondeant judices, ad questiones facti juratores.
Of an admirable description of the Italians, with their various pursuits and characteristics, though in a few words and with special stress laid on the Lucchese, to whom the work was dedicated, we can give only the title: Forcianae Questiones, by Ortensio Landi, Naples, 1536. Leandro Alberti is not so fruitful as might be expected in his description of the character of the different cities.
The laws of this portion of our nature—the varieties of our sensations, and the physical conditions on which they proximately depend—manifestly belong to the province of Physiology. Whether the remainder of our mental states are similarly dependent on physical conditions, is one of the vexatæ questiones in the science of human nature.
Burlamaqui's Natural and Political Law. Grotius de Jure Belli et Pacis. Rutherford's Institutes. Vattel's Law of Nations. Bynkershoek Questiones Publici Juris. Wicquefort's Ambassador. Bynkershoek de Foro Legatorum. McIntosh's Discourse on the Study of the Law of Nature and Nations. Wheaton's History of International Law. Wheaton's International Law. Robinson's Admiralty Reports.
In order to train candidates in this art, university and college teachers gave frequent exhibitions of disputations, which from being on any subject, de quolibet, were styled 'quodlibeticae questiones', or 'disputationes'. A high dignitary presided, with the title of 'dominus quodlibetarius', and propounded questions, usually one supported by arguments and two plain; and then the disputer, who presumably came prepared, delivered his reply, clear cut into fine distinctions and bristling with citations from recognized authorities.
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