Browsing By Tag "common right"
CHAPTER 1. TRIAL BY JURY. SECTION 1 THE RIGHT OF JURIES TO JUDGE THE JUSTICE OF THE LAWS. SECTION II. CHAPTER II. THE TRIAL BY JURY, AS DEFINED BY MAGNA CARTA. SECTION I. THE HISTORY OF THE MAGNA CARTA SECTION II. THE LANGUAGE OF THE MAGNA CARTA CHAPTER III. ADDITIONAL PROOFS OF THE RIGHTS AND DUTIES OF JURORS. SECTION 1. Weakness of the Regal Authority. SECTION II. The Ancient Common Law Juries mere Court of Conscience SECTION III. The Oaths of Jurors SECTION IV. The Right of Juries to fix Sentence. SECTION V. The Oaths of Judges SECTION VI. The Coronation Oath. CHAPTER IV. THE RIGHTS AND DUTIES OF JURIES IN CIVIL SUITS. CHAPTER V. OBJECTIONS ANSWERED. CHAPTER VI. JURIES OF THE PRESENT DAY ILLEGAL. (From : Anarchy Archives.)
or An Essay on the Right of Authors and Inventors to a Perpetual Property in their IdeasSECTION III. Objection Third. A third objection, that has been urged against a right of property in ideas, any longer than they remain in the exclusive possession of the originator, is, that ideas are of the nature of wild animals, which, being once let loose, fly beyond the control of man; thus interposing an obstacle, in a law of their own nature, to the maintenance of any dominion over them, after they have once been liberated. This objection is utterly fanciful and unfounded. The resemblance between a flying thought, and a flying bird, may be sufficiently striking for purposes of poetry and metaphor, but has none of the elements of a legal analogy. A thought never flies. It goes only as it is carried by man. It never escapes beyond the power of men; but is always wholly under their control; having no existence, nor habitation, except in their minds. Renouard, in his argument against the...
...We have said that man is not only the most individualistic being on earth -- he is also the most social. It was a great mistake on the part of Jean Jacques Rousseau to have thought that primitive society was established through a free agreement among savages. But Jean Jacques is not the only one to have said this. The majority of jurists and modern publicists, either of the school of Kant or any other individualist and liberal school, those who do not accept the idea of a society founded upon the divine right of the theologians nor of a society determined by the Hegelian school as a more or less mystical realization of objective morality, nor of the naturalists' concept of a primitive animal society, all accept, nolens volens, and for la... (From : Anarchy Archives.)