The Law of Freedom and Bondage in the United States, المجلد 1

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المحتوى

Insufficiency of Blackstones definition of municipal law
12
Who may ascertain the law of nature for the state
13
Positive law and jurisprudence defined
14
Comprehensiveness of the term jurisprudence
15
Use of the term law of nations
17
Of the distinction between persons and things
18
Relations consist of rights and obligations
19
Rights of persons and rights of things distinguished
20
Public and private law distinguished
21
Law applies to territory and to persons
22
Origin of law 28 Natural reason acknowledged in positive law
24
Of the authority of judicial precedents
25
Of customary law
26
Of the authority of private jurists
28
Of the authority of universal jurisprudence
29
Unwritten or customary law a part of positive law
30
In what manner international law is derived
32
CHAPTER VI
33
In what manner international law operates
34
The law of nature may be variously received
35
Of individual and relative rights
36
Of liberty as an effect of law
37
The legal and the ethical idea and objective and subjective apprehen sion of liberty
38
SEC PAGE 43 Of the condition of freedom and its contraries
39
Use of the term slavery
42
Different kinds of slavery distinguished
43
International law divided into two portions
44
The first portion described a law in the secondary sense
45
The second portion described a law in the primary sense
46
The exposition of law is always historical
47
Of native alien and domiciled subjects
48
The law has different extent to different persons
50
Its extent to persons depends on the will of the state
51
CHAPTER II
53
International law acts on private persons in being enforced by some 61 Private persons are distinguished by axiomatic principles of universal jurispru...
54
Statement of the first two of these maxims
55
A distinction among the relations recognized in international law
56
A necessary difference of international coöperation in determining these relations
57
Statement of the third maxim
59
The international law how distinguishable from internal law
60
Under which class of relations are those of which status or condition is an incident 74 The recognition of anterior subjection to a foreign law 75 Of ri...
63
09
70
Though disallowed slavery is not supposed to be contrary to justice
71
Duty of judicial tribunals applying international law 76 The tribunal must ascertain the will of the state in the case
76
Consequence of the recognition of the jural character of the laws of other states
77
True reason of the rule called comity
78
Hubers three maxims
79
Judicial comity is in fact customary law
80
How later jurists have followed Huber
81
Storys version of Hubers third maxim
82
Fælix concurring with Story
83
Practical effect of the ordinary doctrine of judicial comity
84
Judicial measure of the allowance of foreign laws under what is call ed comity
85
Laws of different origin but similar in effect
86
Laws of different origin and dissimilar in effect
87
The effect of foreign laws limited by laws having universal personal
88
Of exceptions to the extent of laws otherwise known as universal in extent
89
Effect of such exception in the allowance of foreign law under what is called comity
90
Individual rights may be attributed by laws of universal personal extent
91
Laws of universal personal extent discriminated by judicial action
92
The juridicial action of all or many nations is a criterion of the ex tent of laws
93
Universal jurisprudence cognizable from the history of the
94
among
95
But universal jurisprudence has not authority independently of
97
Of legislation as limiting the judicial application of elementary prin
103
Personality or legal capacity a necessary topic of private interna
109
CHAPTER III
114
The recognition of chattel slavery under comity limited by universal
115
On a change of sovereigns the territorial law of a country con
123
colonists
129
SEC PAGE
131
The relation of master and servant under the law so transferred
137
THE ESTABLISIIMENT OF MUNICIPAL LAW IN TIIE COLONIESTIIE SUBJECT
142
Of the Roman law as an exposition of universal jurisprudence 1 13
145
Illustration of the meaning of constitutio juris gentium in the
152
195
153
Of difference of religious creed as a foundation of chattel slavery
165
SEC PAGE
169
Slavery not regarded by a state as contrary to Christianity if sus
175
Case of Gelly v Cleve
181
Attempted statement of the legal distinction in these cases
188
The territorial and personal extent of laws of condition depends
192
220
254
81
255
221
265
Effect of a conversion to Christianity upon slavecondition how
268
Why universal jurisprudence must be taken as determining prop
271
223
273
Slavery recognized under the rule only when maintained by uni
277
225
282
82
283
227
291
486
302
SEC PAGE
314
Origin and continuance of law determining the condition of
320
The law applying to such persons is properly described as interna
326
Of the deficiency of legislative enactments on this topic
329
Authorities on the law of the Netherlands
335
The customary law of France as exhibited in the case of Verdelins
342
The criterion of property is to be taken from these writers
348
versal jurisprudence
351
How far as part of English common law it had sustained slavery
357
But not known as effect of universal jurisprudence when rejected
363
SEC PAGE
365
How a natural law is distinguishable in this connection
371
Nor sustained by the law having a national and personal extent
372
Attempt to state the correct doctrine of international law in such
377
Necessary variety in the personal extent of law
380
83
382
OTHER THAN THOSE RESEMBLING SOMERSETS CASE
383
This international law is determined by the different sources of
386
66
387
The owners property was not quasiinternationally guaranteed
389
How the possession of sorereign power may be determined
394
Change in the location of sovereign power which occurred in
400
SEC PAGE
401
The same integral nationality was manifested in the Revolution
406
SEC PAGE
409
South Carolina
410
CHAPTER XII
415
229
419
Liberty as secured by the Constitution is definable only by refer
420
Of the manner in which personal condition may depend on public
421
Distribution of power to modify the effects of common law includ
426
84
430
Common law in the Territories is a local law
432
CHAPTER VII
436
Extent of the judicial power held by the State Governments
437
The slavetrade not then contrary to the law of nations in
442
Presumption that the national law is also applicable by State tri
443
The distribution of power over status is not the same as during
445
Powers of the States in respect to naturalization of domestic aliens
451
eign international law
455
The jurisdiction can be exercised only by courts of ordinary
456
Effect of a universal attribution of any rights in the Constitution
461
The private law of the colonies was not abrogated by the Revolu
467
Of that international law which is derived from the several jurid
473
State Constitutions like that of the United States are both evi
474
Distinction of the early State Governments as restricted or not
480
State power over personal condition has not been increased since
486
85
490
A principle of universal law supporting the jurisdiction in all cases
496
Mr Justice Campbells opinion
497
Of the doctrine as a political principle
503
Office of Commissioners of United States courts and of State Jus
508
The doctrine of property in slaves as set forth in Chief Justice
509
The standard is found in the customary law of all civilized nations 566
515
Universal jurisprudence derived a posteriori becomes applied à priori
516
The Congress declaring it had no powers in respect to personal
521
Historical proof that slavery rests on local common law
522
Supposed sanction for legislation reducing free blacks to slavery
527
nations
529
Opinions of Justices Wayne and Grier
533
Variance of Judge Campbells theory with the local character
535
Of the territorial limits of the States
556
The political people of the States identified with the people of
562
That slavery rests on national common law is implied in Chief
570
International law in the Territories regarded as jurisdictions having
575
No such effect has been judicially ascribed to such national decla
579
Political liberty in the States regarded as a private right depends
601
221
603
Reasons for not first distinguishing those laws as either national
604
164
605

طبعات أخرى - عرض جميع المقتطفات

عبارات ومصطلحات مألوفة

مقاطع مشهورة

الصفحة 207 - They had for more than a century before been regarded as beings of an inferior order; and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
الصفحة 390 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
الصفحة 508 - In all social systems there must be a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill. Its requisites are vigor, docility, fidelity. Such a class you must have, or you would not have that other class which leads progress, civilization, and refinement.
الصفحة 127 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
الصفحة 456 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
الصفحة 128 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
الصفحة 228 - Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.
الصفحة 280 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
الصفحة 498 - Of this point therefore we are to note, that sith men naturally have no full and perfect power to command whole politic multitudes of men ; therefore, utterly without our consent, we could in such sort be at no man's commandment living. And to be commanded we do consent, when that Society whereof we are part, hath at any time before consented, without revoking the same after by the like universal agreement.
الصفحة 532 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.

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