The Science of Law and Lawmaking: Being an Introduction to Law, a General View of Its Forms and Substance, and a Discussion of the Question of CodificationMacmillan, 1898 - 473 pages |
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Page ix
... CODE QUESTION . • • SHORT DEFINITION OF A CODE THE TWO WAYS IN WHICH THE LAW CAN BE DECLARED 9 10 11 11 · 12 . 235 15 13 THE CODE WAY - § 938 OF THE FIELD CIVIL CODE THE CASE WAY - ARMORY vs. DELAMIRIE THE DIFFERENCES BETWEEN THE TWO ...
... CODE QUESTION . • • SHORT DEFINITION OF A CODE THE TWO WAYS IN WHICH THE LAW CAN BE DECLARED 9 10 11 11 · 12 . 235 15 13 THE CODE WAY - § 938 OF THE FIELD CIVIL CODE THE CASE WAY - ARMORY vs. DELAMIRIE THE DIFFERENCES BETWEEN THE TWO ...
Page x
... LAW WHAT IS LAW • 44 CIVIL LAW 49 COMMON LAW . 50 ECCLESIASTICAL OR CANON LAW 51 • ADMIRALTY LAW 52 • THE COMMON LAW AND EQUITY 54 · THE FOUR DIVISIONS 71 · THE DISTINCTIONS BETWEEN THE ROMAN AND THE ENGLISH LAW 72 THE MUNICIPAL LAW OF ...
... LAW WHAT IS LAW • 44 CIVIL LAW 49 COMMON LAW . 50 ECCLESIASTICAL OR CANON LAW 51 • ADMIRALTY LAW 52 • THE COMMON LAW AND EQUITY 54 · THE FOUR DIVISIONS 71 · THE DISTINCTIONS BETWEEN THE ROMAN AND THE ENGLISH LAW 72 THE MUNICIPAL LAW OF ...
Page xii
... Civil Code • THE PROVISIONS OF THE FRENCH CIVIL CODE AS TO ILLEGAL CONTRACTS , INCLUDING CONTRACTS IN RESTRAINT OF Trade Note to Exhibit M.- The French Civil Code Exhibit N. - The Proposed Civil Code of New York . THE PROVISIONS OF THE ...
... Civil Code • THE PROVISIONS OF THE FRENCH CIVIL CODE AS TO ILLEGAL CONTRACTS , INCLUDING CONTRACTS IN RESTRAINT OF Trade Note to Exhibit M.- The French Civil Code Exhibit N. - The Proposed Civil Code of New York . THE PROVISIONS OF THE ...
Page xiii
... CODE YET WRITTEN SUITS THE SCIENTIFIC CODIFIERS FIELD'S CALIFORNIA CIVIL CODE . • 263 264 266 267 CRITICISMS OF CODIFIERS ON FIELD'S CIVIL CODE 267 FIELD'S NEW YORK CODE OF CIVIL PROCEDURE . 269 · THE NEW YORK CODE OF CIVIL PROCEDURE ...
... CODE YET WRITTEN SUITS THE SCIENTIFIC CODIFIERS FIELD'S CALIFORNIA CIVIL CODE . • 263 264 266 267 CRITICISMS OF CODIFIERS ON FIELD'S CIVIL CODE 267 FIELD'S NEW YORK CODE OF CIVIL PROCEDURE . 269 · THE NEW YORK CODE OF CIVIL PROCEDURE ...
Page xiv
... CIVIL CODE 284 • CONFLICTING ANALOGIES . HOLLAND'S VIEW · AUSTIN'S VIEW AUSTIN'S VIEW ( continued ) • 285 • 285 • 286 289 . AUSTIN ON THE FRENCH AND PRUSSIAN CODES SCHUSTER ON THE FRENCH AND PRUSSIAN CODES . FOWLER'S VIEW THE QUESTION ...
... CIVIL CODE 284 • CONFLICTING ANALOGIES . HOLLAND'S VIEW · AUSTIN'S VIEW AUSTIN'S VIEW ( continued ) • 285 • 285 • 286 289 . AUSTIN ON THE FRENCH AND PRUSSIAN CODES SCHUSTER ON THE FRENCH AND PRUSSIAN CODES . FOWLER'S VIEW THE QUESTION ...
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The Science of Law and Lawmaking: Being an Introduction to Law, a General ... Richard Floyd Clarke No preview available - 2016 |
Common terms and phrases
abstract action actual Amos analogy answer applied argument arising Austin Austin's Province authority certainty Chap CHAPTER Code Law Code Napoleon Code of Civil code system codification combinations of facts common law system construction contracts in restraint Court covenant David Dudley Field decided decision declared defects defendant Diamond Match Co Digest dispute distinction effect enacted English law equity ethical exception existence expressed Field Civil Code Field Code follows French Code Ibid Indian Contract Act indifferent conduct individual instance interpretation involved judge jurisdiction jury language laws of nature lawyer legislation Legislature limits meaning ment particular phenomena Pollock practice prescribed principles Province of Jurisprudence public policy question reason reported restraint of trade result rule of law says scientific Sir Frederick Pollock society special facts statement statute law Statute of Frauds statutory statutory law system of law tion Title true truth uncertainty valid void Warfare of Science words writing written
Popular passages
Page 110 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 236 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 135 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 187 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 104 - ... of another person ; (3) or to charge any person upon any agreement made upon consideration of marriage ; (4) or upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them; (5) or upon any agreement that is not to be performed within the space of one year from the making thereof; (6) unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or...
Page 134 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 187 - Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent Exception 1.
Page 187 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Page 208 - Every contract by which any one is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided by the next two sections, is to that extent void.
Page 104 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...