Standards of American Legislation

Standards of American Legislation

by Ernst Freund


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Product Details

ISBN-13: 9781616190286
Publisher: The Lawbook Exchange
Publication date: 03/29/2010
Pages: 348
Product dimensions: 6.00(w) x 9.00(h) x 0.78(d)

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Such a survey will therefore form the starting-point in the attempt to differentiate policy and principle in legislation. In order to simplify the task, the reference will be mainly to social policies, which will be traced in common-law doctrines, in the legislation enacted to meet common-law deficiencies, and in constitutional provisions. It will appear that the prevailing concepts of principle are in the mam due to judicial action, and on the basis of both legislative and judicial experience the meaning of principle should be made clear. The result of the examination should enable us to estimate the factors by the aid of which a system of constructive principles of legislation may be built up. chapter{Section 4f CHAPTER I HISTORIC CHANGES OF POLICY AND THE MODERN CONCEPT OF SOCIAL LEGISLATION The main phases of evolution which are summarized in the catalogue of changes which follows are perfectly familiar; they are restated simply in order to bring out pointedly the drift of modern legislative thought and its significance. They arrange themselves naturally under a few principal heads: the recognition of the right of personality; the establishment of freedom of thought; the repression of unthrift and dissipation; the protection of public health and safety; and the relief from social injustice. I. THE RIGHT OF PERSONALITY It is a commonplace of legal history that the importance of status as something differentiated from personality diminishes as we proceed from primitive to modern law. We have almost attained to a wiping out of personal differences in relation to legal rights; but the leveling process is in many respects quite recent, and, so far as it goes, has in the mainbeen fully accomplished only in the course of the nineteenth century. Let us briefl...

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