The Fundamental Concepts of Public Law |
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Page 32
... according to deliberate judgments , to appreciate distinctions between good and evil , and , as a result , to feel , or have imputed to it , a moral responsi- bility for all such acts as are within its own control . This psychological ...
... according to deliberate judgments , to appreciate distinctions between good and evil , and , as a result , to feel , or have imputed to it , a moral responsi- bility for all such acts as are within its own control . This psychological ...
Page 54
... is a common one but which is quite aside from the analytical conception is that according to which the ruling executive chiefs , in whose hands for 54 THE FUNDAMENTAL CONCEPTS OF PUBLIC LAW OTHER USES OF THE WORD GOVERNMENT.
... is a common one but which is quite aside from the analytical conception is that according to which the ruling executive chiefs , in whose hands for 54 THE FUNDAMENTAL CONCEPTS OF PUBLIC LAW OTHER USES OF THE WORD GOVERNMENT.
Page 58
... according to which the word " State " is applied to that entity , that abstract political person , which possesses the sovereignty and is thus the ultimate source of all legitimate control over the individuals sub- ject to its authority ...
... according to which the word " State " is applied to that entity , that abstract political person , which possesses the sovereignty and is thus the ultimate source of all legitimate control over the individuals sub- ject to its authority ...
Page 61
... According to Mill : " a portion of mankind may be said to constitute a nationality if they are united among them- selves by common sympathies which do not exist between them and others — which make them coöperate with each other more ...
... According to Mill : " a portion of mankind may be said to constitute a nationality if they are united among them- selves by common sympathies which do not exist between them and others — which make them coöperate with each other more ...
Page 63
... According to the definitions of many politi- cal scientists the existence of a State implies the exercise by it of authority over a definite portion of the earth's area . Thus the German jurist Seydel says : " A State comes into ...
... According to the definitions of many politi- cal scientists the existence of a State implies the exercise by it of authority over a definite portion of the earth's area . Thus the German jurist Seydel says : " A State comes into ...
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Common terms and phrases
Act of Parliament action adopted aliens allegiance amendment American applied asserted Austin authority bodies-politic British central government character civil claim command common conception Confederacy Confederation Congress consent constitutional law constitutionally created declared deemed definite determine distinction doctrine eignty enforce entity eral ereign ereignty ernment essential established executive exercise existence express fact facto Federal Constitution force foreign German Empire held independent individual instrument of government international law Jellinek judicial jure jurisdiction jurisprudence juristic juristic person Justice legal right legislative legislature lex fori limits local government areas matter ment municipal law nature non-sovereign obligations Parliament persons political positive law possession principle proposition provisions public law question recognition recognized regarded relations resident rules says sense sover sovereign sovereign power sovereignty speaking Staat status Supreme Court term ternational territory theory tion tional treaty tribe Union United unity validity
Popular passages
Page 287 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Page 52 - Constitution, but it may be not unreasonably said that the preservation of the States and the maintenance of their governments are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the national Government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page 214 - ... and I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date.
Page 339 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Page 250 - The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights entrusted by the Constitution to its care. The strong arm of the national government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails.
Page 213 - In doing this there needs to be no bloodshed or violence ; and there shall be none, unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the government...
Page 109 - When we inquire by what means this wonder is effected we shall find, that as Force is always on the side of the governed, the governors have nothing to support them but opinion. It is, therefore, on opinion only that government is founded, and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular.
Page 365 - Castine, the enemy acquired that firm possession which enabled him to exercise the fullest rights of sovereignty over that place. The sovereignty of the United States over the territory was, of course, suspended, and the laws of the United States could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conquerors.
Page 213 - I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.
Page 61 - A PORTION of mankind may be said to constitute a Nationality if they are united among themselves by common sympathies which do not exist between them and any others — which make them co-operate with each other more willingly than with other people, desire to be under the same government, and desire that it should be government by themselves or a portion of themselves exclusively.