Sources of the Roman Civil Law: An Introduction to the Institutes of Justinian

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T. & J. W. Johnson, 1857 - Corpus juris civilis - 70 pages

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Page 5 - There will be none such any more, till in some better age true ambition or the love of fame prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the
Page 38 - And whereas the laws of England are the birthright of the people thereof, and all the kings and queens who shall ascend the throne of this realm ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them respectively according to the same...
Page 39 - There are certain principles, on which courts of equity act, which are very well settled. The cases which occur are various ; but they are decided on fixed principles. Courts of equity have, in this respect, no more discretionary power than courts of law. They decide new cases as they arise by the principles on which former cases have been decided, and may thus illustrate or enlarge the operation of those principles; but the principles are as fixed and certain as the principles on which the courts...
Page 25 - Judges shall be of the same effect as the verdict of a jury, save that it shall not be questioned upon the ground of being against the weight of evidence...
Page 33 - the law of nature" because its general precepts are essentially adapted to promote the happiness of man, as long as he remains a being of the same nature with which he is at present endowed, or, in other words, as long as he continues to be man...
Page 41 - ... any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.
Page 5 - I can hardly forbear doing it in that of the law; in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious.
Page 39 - ... the discretion which is executed here, is to be governed by the rules of law and equity, which are not to oppose, but each, in its turn, to be subservient to the other; this discretion, in some cases, follows the law implicitly, in others, assists it, and advances the remedy; in others, again, it relieves against the abuse, or allays the rigour of it; but in no case does it contradict or overturn the grounds or principles thereof, as has been sometimes ignorantly imputed to this Court.
Page 37 - ... the government of England to be,) immediately lays it down as a principle, that " the king of " England must rule his people according to the decrees of " the laws thereof: insomuch that he is bound by an oath " at his coronation to the observance and keeping of his own

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