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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... nature , it can be successfully vindicated . As a conventional rule it might properly govern all the nations , which recognized its obligation ; but it could have no authority over the aborigines of America , whether gathered into civil ...
... nature and origin of property in the soil , and the extent , to which civilized man may demand it from the savage for uses or cultivation different from , and perhaps more beneficial to society than the uses to which the latter may ...
... nature were suffered to pass with a moderate punishment.9 Hutchinson has well observed , that " in punishing offences they professed to be governed by the judicial laws of Moses , but no further than those laws were of a moral nature ...
... nature ? Nothing worse happens to you , than does to all nations , who have extensive empire ; and it happens in all the forms , into which empire can be thrown . In large bodies the circulation of power must be less vigorous at the ...
... nature of their laws , and government in other respects . Everywhere he was the head of the church , and the fountain of justice ; everywhere he was entitled to a share in the legislation , ( except where he had expressly renounced it ) ...