Blackstone's Commentaries: With Notes of Reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia : with an Appendix to Each Volume, Containing Short Tracts Upon Such Subjects as Appeared Necessary to Form a Connected View of the Laws of Virginia as a Member of the Federal Union, Τόμος 1The Lawbook Exchange, Ltd., 2000 - 2685 σελίδες Tucker, St. George. Blackstone's Commentaries. With Notes of Reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia. In Five Volumes, with an Appendix to Each volume, Containing Short Tracts upon Such Subjects As Appeared Necessary to Form a Connected View of the Laws of Virginia As a Member of the Federal Union. Philadelphia: William Young Birch and Abraham Small, 1803. Five volumes. Reprinted 1996 by The Lawbook Exchange, Ltd. With a New Critical Introduction by Paul Finkelman and David Cobin. LCCN 96-12566. ISBN 1-886363-15-3. Cloth. $450. * The first extended treatment of the subject, Tucker's Blackstone is a key resource for understanding how Americans viewed English common law in the years following the adoption of the Constitution and the Bill of Rights. Based on his lectures at the College of William and Mary, Tucker interprets Blackstone's often antidemocratic viewpoint in the American context. A strong proponent of the First Amendment, he elaborates a theory of freedom of speech and press that is more expansive than in the English tradition. "Tucker's Blackstone became a standard reference work for many American lawyers unable to consult a law library, especially those on the frontier. It is impossible to measure its impact on American law, but it is clear that sales were strongest in Virginia, as could be expected; it was also widely used in Pennsylvania and South Carolina." Bryson, The Virginia Law Reporter Before 1800 102. Tucker's Blackstone has been cited in numerous cases by the U.S. Supreme Court in an attempt to discern the original intent of the Constitution. Eller, The William Blackstone Collection in the Yale Law Library 87. Sabin, A Dictionary of Books relating to America 5696. Cohen, Bibliography of Early American Law 5318. A monumental work of continuing relevance, this reprint edition is prefaced by a new critical introduction by Professors Paul Finkelman and David Cobin. |
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Σελίδα xxxiii
... authority of the American Congress , or of the several State Conventions , than the opinions of any speculative writers on government whatever : inasmuch as the declarations and acts of those BODIES were the foundation of the late ...
... authority of the American Congress , or of the several State Conventions , than the opinions of any speculative writers on government whatever : inasmuch as the declarations and acts of those BODIES were the foundation of the late ...
Σελίδα xxxiv
... authority of either of these great names . But when we find this principle asserted by CONGRESS ' in the Declaration of Independence ; and by the CONVENTION of VIRGINIA in our Bill of Rights ; insisted on , again , by the CONVENTION of ...
... authority of either of these great names . But when we find this principle asserted by CONGRESS ' in the Declaration of Independence ; and by the CONVENTION of VIRGINIA in our Bill of Rights ; insisted on , again , by the CONVENTION of ...
Σελίδα xxxv
... authority and obligation have been either in part diminished or totally destroyed by such amendments . And lastly , as the common law is a collection of general customs , it might not be amiss to inquire whether particular customs have ...
... authority and obligation have been either in part diminished or totally destroyed by such amendments . And lastly , as the common law is a collection of general customs , it might not be amiss to inquire whether particular customs have ...
Σελίδα xliv
... authority ; or when the authority of the former was wholly superseded , and the latter substituted entirely in their stead , without any check or controul ; and , lastly , when by an entire change of the government a new order of things ...
... authority ; or when the authority of the former was wholly superseded , and the latter substituted entirely in their stead , without any check or controul ; and , lastly , when by an entire change of the government a new order of things ...
Σελίδα 9
... authority ; and has unavoidably thrown more power into the hands of the judges , to direct , control , and even reverse their verdicts , than perhaps the constitution in- tended . But it is not as a juror only that the English gentleman ...
... authority ; and has unavoidably thrown more power into the hands of the judges , to direct , control , and even reverse their verdicts , than perhaps the constitution in- tended . But it is not as a juror only that the English gentleman ...
Περιεχόμενα
Plate II Foldout Face pg 240 | 212 |
Plate III Foldout Face Blank Page in the Appendix xviii | 18 |
Plate IV Foldout Immediately Follows Plate III | 18 |
Άλλες εκδόσεις - Προβολή όλων
Blackstone's Commentaries: With Notes of Reference to the ..., Τόμος 1 St. George Tucker,William Blackstone Προβολή αποσπασμάτων - 2000 |
Συχνά εμφανιζόμενοι όροι και φράσεις
according act of parliament amendments antient appointed articles of confederation assembly authority bill body branch C. U. S. Art C. V. Art citizens civil colonies common law commonwealth Cong congress consent constitution Constitution of Virginia council court crown customs declared delegates district duty election established executive exercise federal government Federalist foreign former George Tucker granted hath Henry Henry VIII hereditary house of lords Ibid independent Inst judges judicial jurisdiction justice king king's kingdom land laws of England legislative legislature liberty lord magistrate manner ment nation nature necessary oath offence parliament peace person prerogative president prince principles privileges prorogation punishment queen reason reign repealed representative democracy representatives respectively revenue royal rule senate sheriff sir Edward Coke sovereign Stat statute supreme thereof tion treaty Tucker union United vested Virginia vote writ
Δημοφιλή αποσπάσματα
Σελίδα 41 - 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...
Σελίδα 130 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Σελίδα 129 - A constitution is in fact, and must be, regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention...
Σελίδα 69 - No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King prince or state...
Σελίδα 128 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
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