The Public Conscience: Social Judgments in Statute and Common LawH. Holt, 1922 - 483 pagina's |
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The Public Conscience: Social Judgments in Statute and Common Law George Clarke Cox Volledige weergave - 1922 |
The Public Conscience: Social Judgments in Statute and Common Law George Clarke Cox Volledige weergave - 1922 |
The Public Conscience: Social Judgments in Statute and Common Law George Clarke Cox Volledige weergave - 1922 |
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action actual alleged appeal arson assault attempt authorities Beale burglary cause character charge citizens civil committed common law conduct Constitution contract convicted court held court of equity crime criminal damages death decisions declared defendant duel duty eminent domain employer ethics evidence fact felony Fourteenth Amendment homicide imprisonment indictment individual injury intent interest interfere Jersey City Judge judgment judicial jury killed L. T. Hobhouse labor land larceny legislature lex talionis liable libel liberty lien Lynch malice manslaughter Massachusetts matter ment method mill misdemeanor moral murder nature negligence normative science nuisance offense opinion owner party penalty person phratries plaintiff police power present principle prisoner punished purpose question reason regulations Reported Roger Casement Roscoe Pound rule sentenced servant social society statute Supreme Court thing tion trial United unlawful verdict violation York
Populaire passages
Pagina 387 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Pagina 361 - ... to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation; and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned.
Pagina 414 - ... desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate life in many ways which we as legislators might think as injudicious, or if you like as tyrannical, as this, and which, equally with this, interfere with...
Pagina 440 - ... cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person to any lawful writ, process, order, rule, decree, or command of the said courts.
Pagina 216 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Pagina 399 - In present conditions a workman not unnaturally may believe that only by belonging to a union can he secure a contract that shall be fair to him. • * • If that belief, whether right or wrong, may be held by a reasonable man, it seems to me that it may be enforced by law in order to establish the equality of position between the parties in which liberty of contract begins.
Pagina 466 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws.
Pagina 434 - ... to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.
Pagina 191 - A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person, either, 1.
Pagina 431 - The boundary at which the conflicting interests balance cannot be determined by any general formula in advance, but points in the line, or helping to establish it, are fixed by decisions that this or that concrete case falls on the nearer or farther side.