Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, Volume 1

Macmillan and Company, 1877 - Civil rights - 468 pages

INTRODUCTION	1

THE LIBERTY OF THE SUBJECT	2

Whether law is a science	7

Analytical method of explaining	13

Summary of current definitions of	21

A new definition of municipal	27

Part of definition as to supreme power of state	38

Object of law is not to enforce virtue	43

ACTUAL INJURY TO THE BODY BY THE NEGLIGENCE OF OTHERS	246

Rules for ascertaining when negligence exists	252

Classification of circumstances displaying negligence	258

34	261

Negligence in keeping premises near highway	264

Dangerous and mad dogs	271

Discovery of this rule an example of judgemade law	277

Negligence in selling poisons	283

Division of law by Roman and foreign writers	51

Objections to current division of	57

Variations in division caused by age sex sanity and death	64

CHAPTER II	71

Liberty not estimated by number of restraints	77

Origin of government social contract and divine right	79

Reason why theory of original contract keeps its ground	86

Useful only for practical purposes	92

Distinction of law of nature	99

Distinction of the divine law	107

Divine law not enforced like municipal law	114

Theory on which it was founded	121

The canon law	128

Theories as to origin of common law	134

Judiciary or judgemade law what	140

Legal fictions	147

Adherence to precedents assumes means of knowledge of	153

Law and Equity and distinction of courts	157

Codification of law how far necessary	164

Duty of government to codify laws	171

INTROD CHAP II DISCUSSION OF OTHER DIVISIONS TERMS	176

Meaning of word wrong	177

The security of the person	183

PROTECTION OF THE BODY AGAINST THREATS AND APPRE	186

What is a threat of personal violence	189

How application for security of the peace is supported	195

If security for good behaviour can be enforced against libellers	206

Principle of common law as to interfering with anothers work	214

PROTECTION OF THE BODY AGAINST ACTUAL INJURY BY	217

Trade union not illegal in itself	220

26	227

Individuals stopping a riot	228

31	234

What is an affray	238

32	241

PROTECTION OF THE BODY AGAINST INJURIES INTENTIONAL	287

Some assaults are excusable or justifiable	293

Masters assaulting servants	299

Assault in disputes as to possession of real property	305

Justices punishing for assaults on women and children	311

Assaults on parents treated as common assaults	317

PROTECTION OF THE BODY AGAINST MALICIOUS WILFUL	322

If murder is the earliest crime recognised	323

Mental capacity of the murderer	329

Express and implied malice	335

Mutual fighting and a fatal issue	342

A woman defending her honour	353

General requirements as to a valid arrest	361

The means used for murdering	367

Killing by drugs or means of cure	368

Killing proved only by evidence of body being found	375

The murderers relatives also punished	381

Confiscation of thing causing deathdeodands	387

The sentence on murderers	393

Ancient and modern punishment of suicide	399

By whom and how coroners appointed or elected	405

The coroners jury and verdict	411

The modern crimes of causing grievous bodily harm	417

RESTRICTIONS ON HUMAN ACTIONS OWING TO COMPULSORY ACTS	422

Compulsory knighthood	428

Restrictions as to dress	435

Right of wearing arms	441

Marine service on shore how controlled	447

Compulsory office of juror	453

Jury deciding by lot	461

Remedy for witness not attending High Court	468

Protection of witness from arrest during compulsory service	474

Compulsory office of churchwarden	481

Universal prevalence of slavery	487

Contract to serve another for life how far legal	494

Title	Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, Volume 1 Issues 44999-45010 of 19th-century legal treatises Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, James Paterson
Author	James Paterson
Publisher	Macmillan and Company, 1877
Original from	Princeton University
Digitized	7 Apr 2009
Length	468 pages

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