Scrap Book on Law and Politics, Men and TimesA collection of speeches by the author. |
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... jurisprudence -- and others literary , bio- graphic , and historic . The author , not desiring such a publication , during his life , yielded his consent to it now , as he informed the Publisher , chiefly for the purpose of preserving ...
... jurisprudence -- and others literary , bio- graphic , and historic . The author , not desiring such a publication , during his life , yielded his consent to it now , as he informed the Publisher , chiefly for the purpose of preserving ...
Page 167
... Jurisprudence , or tary principles of the arts of civilized man- the principles of legislation . This is a very the organic laws of the animal , vegetable , and imperfect outline ; but general and incomplete mineral kingdoms of nature ...
... Jurisprudence , or tary principles of the arts of civilized man- the principles of legislation . This is a very the organic laws of the animal , vegetable , and imperfect outline ; but general and incomplete mineral kingdoms of nature ...
Page 172
... jurisprudence . And it is in this restricted Jurisprudence is , as we know , generally de - sense that the term jurisprudence is profes- fined to be " the science of Law . " Laws , ac- cording to Montesque , are but the necessary ...
... jurisprudence . And it is in this restricted Jurisprudence is , as we know , generally de - sense that the term jurisprudence is profes- fined to be " the science of Law . " Laws , ac- cording to Montesque , are but the necessary ...
Page 173
... jurisprudence as well as in physics and in morals , the cause pre - supposes a general knowledge of the prin- will produce its kindred effect ; and , as light ciples of justice , and of social and political cannot spring from darkness ...
... jurisprudence as well as in physics and in morals , the cause pre - supposes a general knowledge of the prin- will produce its kindred effect ; and , as light ciples of justice , and of social and political cannot spring from darkness ...
Page 174
... jurisprudence to nations as far as , in the nature of things , they are reasonably applica- Separate and independent communities are ble . The fundamental principle of ethics is the natural offsprings of diversities of climate that ...
... jurisprudence to nations as far as , in the nature of things , they are reasonably applica- Separate and independent communities are ble . The fundamental principle of ethics is the natural offsprings of diversities of climate that ...
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Common terms and phrases
abolish adopted argument authority Baker Bates believe bill citizen civil common law Congress consequently considered consti constitution of Kentucky contract convention court of appeals court of equity debt decide decision declare decree delegated delusion doctrine doubt duty effect election enactment endeavored enforce England enlightened equally eral executive exist fact federal constitution feel friends GEORGE ROBERTSON honest honor hope impair independent insanity interest judges judgment judicial judiciary jurisprudence justice Kentucky land lative legal obligation legislative legislature Lexington liberty lieutenant governor majority means ment mind mode monomania moral necessary never object opinion organic party passions patriotism peace political popular post roads present principles proper prove purpose reason remedy repeal replevin republican Robertson Russell Senate slavery slaves Southard sovereignty stitution supreme court tion truth tution unconstitutional Union United virtue vote whigs William Owsley Willis Alston
Popular passages
Page 59 - If men were angels, no Government would be necessary. If angels were to govern men, neither external nor internal controls on Government would be necessary. In framing a Government which is to be administered by men over men, the great difficulty lies in this : you must first enable the Government to control the governed ; and in the next place oblige it to control itself.
Page 132 - Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice ; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Page 83 - By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
Page 83 - Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in heir deaths.
Page 132 - The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Page 126 - There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not...
Page 197 - This is one of those truths which, to a correct and unprejudiced mind, carries its own evidence along with it; and may be obscured, but cannot be made plainer by argument or reasoning. It rests upon axioms as simple as they are universal — the means ought to be proportioned to the end; the persons from whose agency the attainment of any end is- expected, ought to possess the means by which it is to be attained.
Page 190 - That a national government ought to be established, consisting of a supreme Legislative, Executive and Judiciary.
Page 126 - It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Page 84 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.