Ohio Law Reporter Volume 13

Ohio Law Reporter Volume 13

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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. 1916 edition. Excerpt: ...and are handed down as parts of a traditional body of legal principles, Or they may be rules, not found in this way, but made consciously----rules authoritatively declared, or deliberately made as the will of the political sovereign. And so we have in every developed bod)" of law two elements in the legal system, an imperative clement resting upon the authority of the state, and a traditional element resting upon the experience of the past in the adjudication oi' controversies. We think commonly of this imperative element as the modern element. But there is a progression from each of these to the other. In time the imperatively enacted rule becomes part of the legal tradition. A gloss of interpretation grows up around it, and it is swallowed by the common law. For example, the old English legislation prior to the Revolution is a part of the common law in this country, as, for_ example, the statute of limitations and the statute. of frauds. In like manner in our western states, the homestead statutes have become practically, through their construction and interpretation, a part of the common law. On the other hand, as the traditional element is developed by juristic science, presently, it comes to be declared and formulated authoritatively, as, for example, in our negotiable instruments law or sales act or the new uniform partnership act, which simply codify what has been worked out through judicial experience. We have then incur law these two elements. On the one hand, the traditional element resting originally in the customary modes of decision of causes, but presently developed by judicial experience and juristic science, until it becomes a scientific body of principles resting, as men believe, upon reason, and having the...show more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236961536
  • 9781236961532