Commentaries on the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2005 - 1408 Seiten Reprint of the second edition, with additions by his son, W.W. Story [1819-1895]. Originally published: Boston: Little, Brown and Company, 1851. Two volumes. xxxiii, 734; 632 pp. First published in 1833, this work is generally considered to be the most important work written on the American Constitution before the Civil War, and it remains an important work. Dedicated to John Marshall, it presents a strongly Nationalist interpretation. It is divided into three books. Book I contains a history of the colonies and discussion of their charters. Book II discusses the Continental Congress and analyzes the fl aws that crippled the Articles of Confederation. Book III begins with a history of the Constitution and its ratification. This is followed by a brilliant line-by-line exposition of each of its articles and amendments. Comparing it to The Federalist, James Kent said that Story's work was "written in the same free and liberal spirit, with equal exactness and soundness of doctrine, and with great beauty and eloquence of composition.... Whoever seeks...a complete history and exposition of this branch of our jurisprudence, will have recourse to [this] work, which is written with great candor, and characterized by extended research, and a careful examination of the vital principles upon which our government reposes." cited in Marvin, Legal Bibliography 669-670. Apart from James Kent, no man has had greater influence on the development of American law than Joseph Story [1779-1845]. He was Dane Professor of Law at Harvard, where he played a key role in the growth of the school and the establishment of its national eminence. His many books have been cited extensively to this day. An associate justice of the U.S. Supreme Court from 1812 to 1845, and the youngest person ever to serve on the Court, he was the author of several landmark decisions, such as Martin v. Hunter's Lessee and Prigg v. Pennsylvania. |
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... appealed to this as the ultimate fact , by which their various and conflicting claims were to be adjusted . It may not be easy upon general reasoning to establish the doctrine , that priority of discovery confers any exclusive right to ...
... appeal from the judgments of the General Court to the King in Council.4 merce . 1 1 Henning , Stat . 290 . 3 2 See 1 Hen . Stat . 126 , and Index , tit . Tobacco , in that and the subsequent volumes . 2 Henning , Stat . 514 . 3 2 Hen ...
... appeal ; with the right to challenge for just cause ; and in capital cases a peremptory right to challenge twenty jurors as in England ; that no party should be cast or condemned , unless upon the testimony of two sufficient witnesses ...
... appeal was allowed from the judgments of any courts of the province to the King in the Privy Council in England , where the matter in difference exceeded three hundred pounds sterling . And finally there was a reservation of the whole ...
... appeal or petition . In criminal cases where the law prescribed no penalty , the judges had power to inflict penalties " according to the rule of God's word . " 6 Treason , murder , poisoning , arson , witchcraft , sodomy , idolatry ...