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" For martial law, which is built upon no settled principles, but is entirely arbitrary in its decisions, is, as Sir Matthew Hale observes, in truth and. reality no law, but .something indulged rather than allowed as a law. "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Σελίδα 98
των Alabama. Supreme Court - 1870
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Military Law and Precedents, Τόμος 1

William Winthrop - 1896 - 852 σελίδες
...on Mil. & Mar. Law, United Service Mag., Oct., 1879. 4 Hist., Com. Law, c. 2. 1 " Martial law, which is built upon no settled principles, but is entirely...but something indulged rather than allowed as a law. The necessity of order and discipline in an army is the only thing which can give it countenance. "...

The Granite Monthly: A New Hampshire Magazine Devoted to History ..., Τόμος 24

Henry Harrison Metcalf, John Norris McClintock - 1898 - 390 σελίδες
...for him. MILITARY LAW AND COURTS MARTIAL. By Colonel William A. Gile. ARTIAL law, says Blackstone, is built upon no settled principles, but is entirely arbitrary in its decisions, and is, as Sir Matthew Hale observes, in truth and reality no law, but something indulged rather than...

The Granite Monthly: A Magazine of Literature, History and State ..., Τόμος 24

Henry Harrison Metcalf, John Norris McClintock - 1898 - 400 σελίδες
...store for him. MILITARY LAW AND COURTS MARTIALBy Colonel William A. Gile. PARTIAL law, says Blackstoue, is built upon no settled principles, but is entirely arbitrary in its decisions, and is, as Sir Matthew Hale observes, in truth and reality no law, but something indulged rather than...

The Judicial Dictionary, of Words and Phrases Judicially Interpreted, to ...

Frederick Stroud - 1903 - 820 σελίδες
...9%; 69 LT 45: Robbins on Mortgages, ch. 41: 8 Encyc. 230, 231. MARTIAL LAW. — "Martial Law, which is built upon no settled principles but is entirely...in its decisions, is (as Sir Matthew Hale observes, Hist. CL c. 2) in truth and reality, no law but something indulged rather than allowed as a law. The...

The American State Reports: Containing the Cases of General Value ..., Τόμος 98

1904 - 1122 σελίδες
...Am. Dec. 159, the courts quote an observation of Sir Matthew Hale to the effect that martial law is, in truth and reality, no law, but something indulged rather than allowed aa a law. Unquestionably, a state, in_ order to put down an armed insurrection, too strong to be controlled...

Cases on Martial Law

1910 - 370 σελίδες
...his responsibility to his government or superior officer. Sir Matthew Hale said (Hist. CL 54), "It is in truth and reality no law, but something indulged rather than allowed as law." In the famous petition of right in the reign of Charles L, it was solemnly enacted, that no commission...

Manual of Naval Law and Court Martial Procedure, in which is Embodied Thring ...

Theodore Thring, John Edward Robert Stephens, Charles Edwin Gifford, Francis Harrison-Smith - 1912 - 624 σελίδες
...was, says Sir Matthew Hale, built upon no settled principles, entirely arbitrary in its decisions ; in truth and reality no law, but something indulged, rather than allowed as a law.i Military law, on the other hand, is the creation of the legislature — its object, to institute...

Bentham's Theory of Legislation: Being Principes de Législation and ..., Τόμος 2

Jeremy Bentham - 1914 - 376 σελίδες
...This is in the nature of a rhetorical flourish. Martial law cannot be exerted in time of peace; it is, as Sir Matthew Hale observes, in truth and reality no law at all, but something indulged rather than allowed as a law. The reference is to the Riot Act of 1714...

Debates in the Legislative Council of Ceylon

Ceylon. Legislative Council - 1918 - 572 σελίδες
...Martial law, which is built on no settled principles, but is entirely arbitrary in its decisions, is in truth and reality no law, but something indulged rather than allowed by law." THE HON. THE CEYLONESE MEMBER :— Question, question. THE HON. THE ACTING EUROPEAN URBAN...

Legal Definitions: A Collection of Words and Phrases as Applied and ..., Τόμος 2

1920 - 904 σελίδες
...his responsibility to his government or superior officer. Sir Matthew Hale said (Hist. CL 54), 'It is in truth and reality no law, but something indulged rather than allowed as law.' In the famous petition of right in the reign of Charles I, it was solemnly enacted, that no commission...




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