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Commentaries on the Laws of England,: In Four Books, Volumen3
Sir William Blackstone
Vista completa - 1800
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Página 39 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force and all their validity, and all their authority, mediately and immediately, from this original...
Página 209 - second, having endeavoured to subvert the constitution of " the kingdom, by breaking the original contract between " king and people — and, by the advice of Jesuits and other " wicked persons, having violated the fundamental laws, " and having withdrawn himself out of this kingdom — has " abdicated the government, and that the throne is thereby
Página 410 - The necessity of order and discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts are open for all persons to receive justice according to the laws of the land.
Página 404 - ... the citizen when he enters the camp ; but it is because he is a citizen, and would wish to continue so, that he makes himself for a while a soldier.
Página 100 - ... a right allowed by the law of nations, if not by that of nature ; but which in reason and civil policy can mean nothing more than that, in order to put an end to hostilities, a compact is either expressly or tacitly made between the conqueror and the conquered, that if they will acknowledge the victor for their master, he will treat them for the future as subjects, and not as...
Página 452 - A bastard, by our English laws, is one that is not only begotten, but born, out of lawful matrimony. The civil and canon laws do not allow a child to . remain a bastard, if the parents afterwards intermarry ' : and herein they differ most materially from our law ; which, though not so strict as to require that the child shall be begotten, yet makes it an indispensable condition, to make it legitimate, that it shall be born, after lawful wedlock.
Página 450 - He may indeed have the benefit of his children's labour while they live with him, and are maintained by him ; but this is no more than he is entitled to from his apprentices or servants.
Página 243 - And secondly, it means that the prerogative of the crown extends not to do any injury: it is created for the benefit of the people, and therefore cannot be exerted to their prejudice.
Página 73 - To this head may most properly be referred a particular system of customs used only among one set of the king's subjects, called the custom of merchants, or lex mercatoria : which, however different from the general rules of the common law, is yet ingrafted into it, and made a part of it (¿) ; being allowed, for the benefit of trade, to be of the utmost validity in all commercial transactions : for it is a maxim of law, that " cuilibet in sua arte credendum est (13).
Página 157 - God, the original of all just power: . . . that the commons of England, in parliament assembled, being chosen by, and representing, the people, have the supreme power in this nation: . . . that whatsoever is enacted, or declared for law, by the commons, in parliament assembled, hath the force of law; and all the people of this nation are concluded thereby, although the consent and concurrence of king, or house of peers be not had thereunto'.