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Værker af M. F. Morris

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The author begins with the realization that "The best thought of a people is to be found in its legislation", its daily life mirrored in its usages and customs. There has never existed "any tribe or nation however rude, any aggregation of men however savage, that has not been more or less controlled by some recognized form of law." [11] This is a brilliant statement of the import of the juristic idea. He rejects the "fashionable" but "irrational" theory of evolution. It is the Fatherhood of god and the Brotherhood of Man which are "the sole conditions which make law intelligible". [14] Indeed, the"constant and wearisome and meaningless recurrence to the theory of a social contract" [Rousseau] or to the "theory of the powers of society resting ultimately upon brute force" cannot be a justification for anything. [14]

He notes the universal repudiation of Blackstones's famous definition of municipal law: "A rule of conduct prescribed by the supreme power in the State, commanding that which is right and prohibiting that which is wrong." [14] Custom is rarely so commanded. Blackstone was "an advocate of the divine right of kings to rule independently of their people", a theory shattered "forever on the bloody battlefields of Naseby and Marston Moor" by the "merciless horde of pious ruffians" led by Oliver Cromwell. Concludes that Divine Law is the Law of Nature, and from it are derived all our rights and duties. [24] The source of the Law of Nature is in the "Law of Revelation, in the spontaneous dictates of the human heart, in the fundamental principles of our Aryan Civilization". [26]

Traces the beginnings from "the law of nature" and Mosaic law. "All human law on the subject, is merely the regulation of the original, fundamental, God-given right, which antedates all human law." This is not an indulgence in "religious dogma" because "analyse it as we may", we "can not eliminate God from the universe which He has created". (!)

The Talmud. "A wonderful work of patient ingenuity, logical reasoning, and acute casuistry...replete with almost pueril absurdities and grotesque and often obscene fancies, and with much that we...would regard as blasphemy". [48] He describes the Mishna [treatise of Mosaic law], and the Gemara [philosophic discussion of the Mishna]. He notes the influence on subsequent Mohammedan and scholastic philosophies of the Middle Ages. [49]

Sir Edward Coke (A.D. 1552-1633). Attorney General and then Chief Justice, until driven from office, then figuring in Parliament. In 1628 his Commentaries upon Littleton appeared, which we call "Coke's Institutes". [272] These are now "antiquated and almost entirely superceded" by Blackstone's "more polished work". Coke was "a man of great ability, profoundly versed in the common law; and he is justly regarded as the greatest authority that ever existed in that Law." That however, exhausts all the good that it is possible to say of him. [273] "He was a ruffian and a bigot. A coarser or more brutal character never disgraced English history." He is condemned for his treatment of Walter Raleigh "when that polished adventurer was arraigned for treason". Coke sought to arrest the development of the law.

A century later, the great work of William Blackstone--"Commentaries on the Laws of England" appeared in A.D. 1765. [274] The old Common Law has been found "wholly inadequate" by the rapidly advancing civilization of the Nineteenth Century.

Recognizes only three great jurists in England, and together they produced a revolution in the Common Law: Mansfield, Thomas Moore, and Matthew Hale. Mansfield was the Scottish, expert on Roman law, served 32 years until voluntary relinquishment in 1788. Mansfield also introduced the Law Merchant, and Bailments, paving the way for the great improvements of the 19th century. [276] Of course, the American Revolution did more to "shatter the fetters of Feudalism" than any other single event in history.
… (mere)
 
Markeret
keylawk | Jan 4, 2013 |
Of revivalist preachers, Daniels was one of the "tent revivalist" greats. Some men God catapults into the front without rhyme or seeable reason. though a great revivalist, Daniels' repertory of sermons was quite limited, being only those he used on the saw dust trail.
 
Markeret
temsmail | Dec 12, 2006 |

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Værker
9
Medlemmer
32
Popularitet
#430,838
Vurdering
5.0
Anmeldelser
2
ISBN
9