Collected Legal PapersConstable, 1920 - 316 páginas |
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action agency agent answer assumpsit believe Beseler Bract Bracton called cause Chancery Chief Justice cited command Common Law contract course courts covenant debt defendant defendant's doctrine doubt early early German law Edward III Eliz England English evidence executor express fact feoffee fiction of identity give Glanv ground harm Harvard Law Review ideals important judge judgment jury later law school lawyers Lex Salica liability limits logical malice Mass master and servant means ment mind Montesquieu moral nature negligence notion Parl patria potestas person plaintiff possession practical principles privilege question question of privilege ratification reason referred Rolls Roman law rule seems sense simply statute temporal damage testator theory things thought tion torts trespass true undisclosed principal universe unlawful words wrong
Pasajes populares
Página 173 - The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
Página 159 - A servant with this clause Makes drudgery divine : Who sweeps a room, as for thy laws, Makes that, and th
Página 296 - I think it not improbable that man, like the grub that prepares a chamber for the winged thing it never has seen but is to be— that man may have cosmic destinies that he does not understand. And so beyond the vision of battling races and an impoverished earth I catch a dreaming glimpse of peace.
Página 107 - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Página 168 - I shall try to show, a legal duty so called is nothing but a prediction that if a man does or omits certain things he will be made to suffer in this or that way by judgment of the court; and so of a legal right.
Página 309 - Still, thro' the rattle, parts of speech were rife: While he could stammer He settled Hoti's business - let it be! Properly based Oun Gave us the doctrine of the enclitic De, Dead from the waist down.
Página 30 - I say no longer with any doubt — that a man may Hve greatly in the law as well as elsewhere ; that there as well as elsewhere his thought may find its unity in an infinite perspective; that there as well as elsewhere he may wreak himself upon life, may drink the bitter cup of heroism, may wear his heart out after the unattainable.
Página 292 - ... germ of inarticulate truth. The attacks upon the Court are merely an expression of the unrest that seems to wonder vaguely whether law and order pay. When the ignorant are taught to doubt they do not know what they safely may believe. And it seems to me that at this time we need education in the obvious more than investigation of the obscure.
Página 184 - I cannot but believe that if the training of lawyers led them habitually to consider more definitely and explicitly the social advantage on which the rule they lay down must be justified, they sometimes would hesitate where now they are confident, and see that really they were taking sides upon debatable and often burning questions.
Página 247 - The rule of joy and the law of duty seem to me all one. I confess that altruistic and cynically selfish talk seem to me about equally unreal. With all humility, I think "Whatsoever thy hand findeth to do, do it with thy might," infinitely more important than the vain attempt to love one's neighbor as one's self. If you want to hit a bird on the wing, you must have all your will in a focus, you must not be thinking about yourself, and, equally, you must not be thinking about your neighbor; you must...