The Laws and Jurisprudence of England and America; Being a Series of Lectures Delivered Before Yale University

The Laws and Jurisprudence of England and America; Being a Series of Lectures Delivered Before Yale University

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...and intended to result, in "clipping" the property, or "regulating" the owner out of its full and equal enjoyment and use. Among the people of our race the era of the despotism of the monarch or of an oligarchy has passed away. If we are not struck with judicial blindness we cannot fail to see that what is now to be feared and that the courts cannot supply a panacea for legislative misdoings; but still I think that invasions of fundamental rights, such as the right to pursue what is in fact a lawful business, ought not to be dependent upon the epithets with which a legislative majority may see fit to characterize it. guarded against is the despotism of the many, --Lecture of the majority. Speaking of Great Britain, Sir Frederick Pollock recently said that "at no time "has it heen fitter for us to be put in mind that the Ht effective power of law is not only the work but the test "of a civilized commonwealth, and that law, as a great "English writer has said, is in its nature contrary "to such forces and operations as are ' violent and "casual.'"1 The statesmen who founded and shaped Our The wisdemocratic, or more accurately speaking repub-fodere1 lican, institutions, were fully alive to these great Sti truths. They Avere neither visionaries nor socialists.2 It is among the eternal lessons of history, 1 Oxford Lectures and Other Discourses, London, 1890, lecture iv., p. 100. So, before the kingly office was separated from the judicial office, David prayed: "Give the King thy judgments, O God, that they may come down like rain into a fleece of wool, even as the drops that water the earth;" that is to say, gently like the fertilizing rain, and not violently like the destructive deluge....
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Product details

  • Paperback | 138 pages
  • 189 x 246 x 8mm | 259g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236647718
  • 9781236647719