A Treatise of Universal Jurisprudence, Volume 458

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Sweet, 1829 - 447 halaman
 

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Of property still of common right
29
Principles of common use
30
Of things lost and abandoned
31
Derivative acquisitions
32
Persons incapable of acquiring property
33
Of restitution of property
35
OF PERSONAL RIGHTS AND INDIVIDUAL OBLIGATIONS 1 The general rule of our duties
37
Our duties classified
38
Our duties to God
39
A mans duties as to himself
40
Our duty to mankind
42
Our right to creatures and inanimate things
45
Of personal liberty
46
OF MARRIAGE 1 Definition and nature of it
47
duals 153
51
OF POLYGAMY CONCUBINAGE INCEST
53
OF GUARDIANS AND WARDS
62
and rash ones
66
Promises of agents and messengers
68
On the nonobligation of promises upon promisers heirs and acceptance of promises by heirs
70
OF CONTRACTS 1 Definition and nature of contracts
71
Effect interpretation and dissolution of them
72
Of commission or agency
73
Of trusts
74
Of equivalency and knowledge of value
75
Of auctions
76
Of prices
77
Of sales
78
Of loans
79
Of pledges
81
Of letting
83
Of servants and engagements of labor
84
Of sureties
85
Of partnership
87
OF TRUTH AND OATHS 1 Our duty to observe the truth explained
89
Lawful concealment of the truth
90
Of the forms of oaths
93
Of the interpretation of oaths
94
Of oaths by proxy
95
Of jurors heirs
96
OF THE RIGHT OF PERSONAL DEFENCE 1 Definition and nature of it
97
Of defence of life
99
Of defence of limbs
100
Of defence of personal liberty
101
Of defence of honor and of duelling
102
OF REPARATION FOR INJURIES 1 Definition of it
105
Of accessories
106
Modes of estimating reparation
107
Losses for which reparation is demandable
108
OF PUNISHMENT 1 Definition and nature of it
111
The justice and ends of punishment
112
Requisites of it
113
Measures of it
114
Of the punishment of death
115
Of the effectuality of punishment
117
Of the persons liable to punishment
118
Of retaliation
119
Gf the property of criminals
120
Of mercy
121
OF PRIVATE WAR AND PEACE 1 Definition and nature of it
123
What war is lawful
124
CHAP XV
126
The rights of proprietors of slaves
128
The rights of slaves
129
INTRODUCTION
131
OF CIVIL SOCIETY IN GENERAL 1 Definition and nature of a civil society
133
Origin of it
134
Mankind is composed of several civil societies
135
Civil subjection the result of compact
136
The duty of the members to advance the general good
138
The acts which bind the members
139
Of political equality
141
Of compulsory banishment
142
OF THE MODIFICATIONS EFFECTED BY THE LAWS OF CIVIL UNION 1 General nature of change
145
Of civil jurisdiction
147
Restraint on individual reparation and punishment
150
Alterations and modifications as to property
153
Of the civil regulation of marriage
156
Of wills or testamentary dispositions
158
Of intestacy
159
Of civil minority
162
Civil protection of property of infants madmen and idiots
163
OF THE CIVIL POWER 1 Definition nature and origin of it
165
Union the bond of power 0
166
4 Of taxation
168
Of executive power
169
Of sovereign power
170
Of the general rights of sovereignty
171
Of prerogative
172
Of religious establishments
174
Of public property
176
Of the limitation and determination of the civil power
177
OF CIVIL LAWS 1 Definition of civil jurisprudence
178
Distinction between civil laws and private compacts
179
Of the proper nature of public laws
180
Civil laws generally enforced by penalties
181
Of the civil effects on promises contracts and oaths
183
Civil laws are written and unwritten
185
Of desuetude
187
The publicity of courts of justice
189
Rules of descent as to freehold estates
194
Of primogeniture
195
Of judicial evidence
200
Of courts of equity
201
Of courts of honor
204
Of written conveyances
205
Of public punishment
207
Of community of women
209
Of duelling in a state
210
Of sobriety
213
Of legal amendments
215
Of legislative digests
218
33 Of outlaws
220
OF THE INTERPRETATION OF LAWS 1 Definition and importance of interpretation
221
The general rules of interpretation
222
OF CIVIL SUBJECTION AND PUBLIC LIBERTY 1 Definition of subjection in general
226
Of the duties of civil subjection
227
Of civil liberty
228
Of toleration
229
The duty of obedience to the established government
231
Of patrimonial kingdoms
246
Of tyranny and its deposition
247
Comparative advantages of the several kinds of government
252
OF SOVEREIGNS PUBLIC OFFICERS
255
Of the rights of sovereigns
256
Of sovereigns generally
259
Of the duties of sovereigns
261
Of regents
264
Of representatives
265
Of ministers of state
266
Of the judges
267
Of ordinary magistrates
268
Of other judicial officers
269
Of the clergy
270
Of the army and navy
271
Of literary dignities
273
Of the deputies of public officers
274
OF CHANGES IN POLITICAL CONSTITUTIONS 1 The civil state liable to dissolution
275
Gradual change by usage
276
Identity of a state
277
Cessation of a state
278
Of two countries vested in one sovereign
279
Of colonies
281
OF INTERNATIONAL LAW 1 Definition of it
283
Preceding rules all applicable to this branch of the work
284
certained
286
Of the equality of nations
290
Importance of the rule that states are moral persons
291
Of the independency of nations
292
Of international usage prescription and usucaption
293
Of the necessity for treaties
294
Of the essentialities of treaties
295
Of verbal treaties
296
Of the obligation and observance of treaties
297
Of the interpretation of treaties
298
Of treaties of peace
299
Royal agreements not treaties
300
Of protocols
301
Of international ceremonies as to sovereign powers
302
Of royal notifications
303
Of libels upon foreign sovereigns
304
Of the exterritoriality of sovereigns
306
Of royal property in a foreign state
307
Of royal gifts to foreigners
308
Of the persons proper to be embassadors
309
Of the style ceremonies and audience of embassadors
311
Of embassadorial precedence
313
Of the exterritoriality of embassadors
316
Of the chapels of embassadors
318
Their claim of franchise void
319
Of the general duties and responsibility of ministers
320
Of the departure in general of embassadors
321
Proper mode of embassadors complaint
322
Of the effect of the decease of sovereigns upon embassado rial functions
323
Of the wives and children of embassadors
324
Of ministers of the third order
325
Of consuls
326
Of heralds
327
Of statemessengers
328
Of international mediation
330
Of the religious rights of a nation
331
Of missionaries
332
Of international customs
333
Of the public property territory and domain of a nation
334
Of coining considered internationally
337
Of the dismemberinent of a nation
338
Of aliens as to territory and land
339
Of civil jurisdiction as to aliens
340
Of the liabilities of aliens
341
Of foreign nobles
342
Of naturalisation
344
Of the power of sovereigns over subjects abroad
345
Of banishment
348
Of public passage
349
Of the ocean
351
Of rivers liquid territorial confines and alluvion
352
Of common ports
354
Of derelict
355
Of capture
356
Of recapture
357
Of rescue
358
Of kings colours
359
Of hypothecation
360
Of wreckers
361
Of peace
362
Of congresses
363
The duty of states towards subjects
364
The accountability of members on behalf of states
365
What war is just
366
Mere attacks of subjects not war
367
Of the declaration of war
369
Of alliance in war
370
Of auxiliaries and subsidies
371
Of good faith and stratagem in war
374
Of blockade
375
Of
376
Of capitulation
377
Of prisoners of war
378
Of ransoms
380
Of cartels
382
Of the remedy as to breaches of imperfect obligations
383
Of national reprisals
384
Of postliminium
386
Of an armed neutrality 388 155 Of an armed neutrality 156 Of international contraband
389
Of preemption
392
Of embargo
393
Of emissaries
394
Of hostages
396
Of safeguards
398
Of passports and safeconducts
399
Of punishing for general international injustice
400
Of rebellion
401
Of emigration
402
Of slaves
403
Of international faith
407
Of the glory dignity and happiness of nations
408
Form of marriage 49
409
Of the restrictions of civil laws 182
420
Definition object nature and obligation of oaths 92
435

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Halaman 25 - UniversalJurisprudence, ch. II, p. 25 : All things belonged originally to mankind in common. The benign Giver of all gifts did not distribute them to some to the exclusion of the rest of the species. In the state of a community of things the first bodily occupancy and use of so much only as human wants from time to time required. supplied the place of property. In the primitive state every man had a right not to be hindered from using whatever land or produce he had appropriated to himself and he...
Halaman 387 - ... the King of Sweden, and in violation of his territorial rights. This claim could not have been given by the Americans themselves; for it is the privilege, not of the enemy, but of the neutral country, which has a right to see that no act of violence is committed within its jurisdiction. When a violation of neutral territory takes place, that country alone, whose tranquillity has been disturbed, possesses the right of demanding reparation for the injury which she has sustained.
Halaman 156 - I perfectly agree with my brother Heath in reprobating any " distinction between malum prohibitum and malum in se, and " consider it pregnant with mischief.
Halaman 156 - HEATH in reprobating any distinction between malum prohibitum and malum in se, and consider it as pregnant with mischief. Every moral man is as much bound to obey the civil law of the land as the law of nature.
Halaman 388 - If he has shown more favour to one side than to the other, if he has excluded the ships of one of the belligerents from his ports, and hospitably received those of the other, he cannot be considered as acting with the necessary impartiality. I do not think a country showing such an invidious distinction entitled to claim in the character of a neutral State. The high privileges of a neutral are forfeited by the abandonment of that perfect indifference between the contending powers in which the essence...
Halaman 80 - The farmer who spends a life time upon a tract of land, tills it rationally, and leaves it in as good a condition as it was in when he...
Halaman 26 - ... the place of property. In the primitive state every man had a right not to be hindered from using whatever land or produce he had appropriated to himself and he immediately wanted for rational use, and the bestowment of bodily labour on a thing was the only mode of acquiring a positive title to it. Agriculture could not flourish, nor its fruits be improved or ripened into maturity. Ingenuity was not sufficiently rewarded, disputes continually arose; the ingenuity and industry of man were checked....
Halaman 203 - ... retinue. His demands were, that all slaves should be set free ; that all commonages should be open to the poor as well as to the rich ; and that a general pardon should be passed for the late outrages. Whilst he made these demands, he now and then lifted up his sword in a menacing manner : which insolence so raised the indignation of William...
Halaman 117 - ... criminal, present, or refusing to appear, or even confessing his crime, or being convicted of any of those crimes which in the laws prior to these we now promulgate, and which we will have to be absolutely and entirely abolished, were styled capital.
Halaman 26 - The increased wants, improved agriculture, and valuable elegancies of incipient civilization gave birth to the distinctions of property. [The Tribunal thereupon adjourned until Thursday, April 20, 1893, at 11.30 o'clock am]. TWELFTH DAY. APRIL 20™, 1893 [The Tribunal convened pursuant to adjournment.] The President. Mr. Carter, will you proceed? Mr.

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