Commentaries On The Laws Of England

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CHAPTER IV. OF OFFENCES AGAINST GOD AND RELIGION. In the present chapter we are to enter upon the detail of the [ 41 1 several species of crimes and misdemeanors, with the punishment annexed to each by the law of England. It was ...
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Commentaries on the Laws of England: Book 4, Of Public Wrongs (Illustrated)

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Overview

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free.
This is an OCR edition with typos.
Excerpt from book:
CHAPTER IV. OF OFFENCES AGAINST GOD AND RELIGION. In the present chapter we are to enter upon the detail of the [ 41 1 several species of crimes and misdemeanors, with the punishment annexed to each by the law of England. It was observed, in the beginning of this book, that crimes and misdemeanors are a breach and violation of the public rights and duties, owing to the whole community, considered as a community, in its social aggregate capacity. And in'the very entrance of these Commentaries it was shown, that human laws can have no concern with any but social and relative duties; being intended only to regulate the conduct of man, considered under various relations, as a member of civil society. All crimes ought, therefore, to be estimated merely according to the mischiefs which they produce in civil society: and of consequence, private vices or the breach of mere absolute duties, which man is hound to perform considered only as an individual, are not, cannot be, the object of any municipal law; any farther than as by then- evil example, or other pernicious effects, they may prejudice the community, and thereby become a species of public crimes. Thus the vice of drunkenness, if committed privately and alone, is beyond the knowledge and of course beyond the reach of human tribunals: but if committed publicly, in the face of the world, its evil example makes it liable to temporal censures. The vice of lying, which consists (abstractedly taken) in a criminal violation of truth, and therefore in any shape is derogatory from sound [ 42 ] morality, is not however taken notice of by our law, unless it Carries with it- some public inconvenience, as spreading false news; or some social injury, as slander and malicious prosecution, for which a private recompense is given. And yet dru...
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Product Details

  • ISBN-13: 9781241050115
  • Publisher: Gale, Making of Modern Law
  • Publication date: 2/12/2011
  • Pages: 916
  • Product dimensions: 1.81 (w) x 7.44 (h) x 9.69 (d)

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ANALYSIS. BOOK III.-OF PRIVATE WRONGS. CHAPTER I. Ur Tub Redress Of Private Wrongs ?? The Mere Act Op The Parties Page 2 to 16 1. Wrongs are the privation of right; and are, I. Private. II. Public 2 2. Private wrongs, or civil injuries, are an infringement, or privation, of the civil rights of individuals, considered as individuals 2 8. The redress of civil injuries is one principal object of the laws of England 3 4. This redress is effected, I. By the mere act of the parties. II. By the mere operation of law. III. By both together, or suit in courts 8 f. Redress by the mere act of the parties is that which arises, I. From the sole act of the party injured. II. From the joint act of all the parties 3 6. Of the first sort are, I. Defence of one's self, or relations. II. Recaption of goods. III. Entry on lands and tenements. IV. Abatement of nuisances. V. Distress -- for rent, for suit or service, for amercements, for damage, or for divers statu- table penalties, -- made of such things only as are legally distrainable ; and taken and disposed of according to the due courseof law. VI. Seizing ofheriota,
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