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Full-Text Articles in Law

Ecclsiastical Jurisdiction In England, Edwin Maxley Mar 1905

Ecclsiastical Jurisdiction In England, Edwin Maxley

Michigan Law Review

Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …


The Old Roman Law And A Modern American Code, Joseph H. Drake Jan 1905

The Old Roman Law And A Modern American Code, Joseph H. Drake

Michigan Law Review

In Book II, on Property, Ownership, and its Modifications, the Porto Rican Code follows closely its Spanish prototype. The main variation in general outline is the omission from the American code of the special property in minerals and in intellectual productions.


The Old Common Law And The New Trusts, Ditlew M. Frederiksen Dec 1904

The Old Common Law And The New Trusts, Ditlew M. Frederiksen

Michigan Law Review

T HE Civil Code of Porto Rico, our latest Roman American code, gives interesting proof of the fact that the two systems of law, the Roman and the English, which control most of the nations of the civilized world and their dependencies, are, in their essence, but slightly different enunciations of the same principles of natural justice. The parent of the Civil Code of Porto Rico1 is the Spanish Civil Code,2 in force in Spain since May I, 1889, and extended to Cuba, Porto Rico, and the Philippines on July 31, 1889. The Spanish Civil-Code is the result of the …


English History And The Study Of English Law, Arthur Lyon Cross May 1904

English History And The Study Of English Law, Arthur Lyon Cross

Michigan Law Review

Ranke, the Nestor of modern historical research, was wont to say that he only wanted to know how things had happened. Lamprecht, however, more truly indicated the aim and purpose of the investigation of the past when he said that be wanted to know how things had become. Another distinction between the schools which these two men represent is, that one is primarily interested in political affairs, while the other would include within the historical field all phases of social activity. A survey of the course of scholarship during the century just closed, leads to the conclusion that this latter …


The Law Of Reason, Fredrick Sir Pollock Dec 1903

The Law Of Reason, Fredrick Sir Pollock

Michigan Law Review

If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …


Note And Comment, Michigan Law Review Nov 1903

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;


The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton Dec 1902

The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton

Michigan Law Review

In the very cordial invitation extended to me by the distinguished President of your Bar Association to participate in the observance of this occasion it was urged that I should make a short address upon the relations of the Federal and State Judiciary to each other. As a reason for my taking this particular subject it was suggested by him that I had had the advantage of a considerable service under both systems.