Modern Conception of Law

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T.H. Flood & Company, 1925 - Electronic books - 352 pages

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Page 58 - The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.
Page 58 - The only freedom which deserves the name is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs or impede their efforts to obtain it.
Page 71 - Apart from the peculiar tenets of individual thinkers, there is also in the world at large an increasing inclination to stretch unduly the powers of society over the individual, both by the force of opinion and even by that of legislation : and as the tendency of all the changes taking place in the world is to strengthen society, and diminish the power of the individual, this encroachment is not one of the evils which tend spontaneously to disappear, but, on the contrary, to grow more and more formidable.
Page 49 - But even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was not * 1 W. Blackstone, Commentaries *69-70. 780 DOCTRINE OF PRECEDENT law; that is, that it is not the established custom of the realm, as has been erroneously determined.
Page 342 - I do not mean that they choose what is customary, in preference to what suits their own inclination. It does not occur to them to have any inclination, except for what is customary.
Page 30 - Equity in law, is the same that the spirit is in religion, what every one pleases to make it: sometimes they go according to conscience, sometimes according to law, sometimes according to the rule of Court.
Page 30 - Chancellor's foot: what an uncertain measure would this be ! One Chancellor has a long foot, another a short foot, a third an indifferent foot : it is the same thing in the Chancellor's conscience.
Page 65 - The fatal tendency of mankind to leave off thinking about a thing when it is no longer doubtful, is the cause of half their errors. A contemporary author has well spoken of '" the deep slumber of a decided opinion.
Page 70 - All errors which he is likely to commit against advice and warning are far outweighed by the evil of allowing others to constrain him to what they deem his good.
Page 22 - My second maxim was to be as firm and resolute in my actions as I was able, and not to adhere less steadfastly to the most doubtful opinions, when once adopted, than if they had been highly certain...

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