Justice and the Modern Law

Justice and the Modern Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...which is "the creation" of "an individual"; but when it enumerated the evils of monopolies, it could apparently point to 1 Olsen v. Smith, 195 U. S. 332, 344. 2 United States v. Knight Co., 156 U. S. 1. 3 Standard Oil Co. v. United States, 221 U. S. 1, 52. nothing but the merely economic evils, the power to injure the public by enhancing the price, the power to limit production, and the danger of deterioration in the quality of the monopolized article. At any rate, it was silent as to the moral wrong involved in depriving the people of their natural rights. From the first page of the opinion to the last, there is not one word that indicates an appreciation of the fact that the real monopoly involves a tyrannical interference with the liberties of the people, and that the metaphorical monopoly cannot arise unless those liberties are amply protected. The broad elfects of these English and American decisions are important to our problem. The Case of Monopolies was the last step in that long process by which the English crown was shorn of its power and England, from being a monarchical autocracy, more or less absolute, became a constitutional monarchy. While, however, the Case of Monopolies deprived the crown of its last vestige of legislative power, it still left the powers of Parliament without any restrictions whatever, --except, indeed, such as may have been contained in the various charters and bills of rights with which the history of England has been studded, --and therefore, although through the Case of Monopolies England had become a. constitutional monarchy, it did not, and appar ently has not yet, become a constitutional government. It remained for the American people to achieve that supreme ideal. In the...
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Product details

  • Paperback | 64 pages
  • 189 x 246 x 3mm | 132g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236900502
  • 9781236900500