The Project Gutenberg EBook of Popular Law-making, by Frederic Jesup Stimson

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Title: Popular Law-making

Author: Frederic Jesup Stimson

Release Date: May 2, 2004 [EBook #12235]

Language: English

Character set encoding: ASCII

*** START OF THIS PROJECT GUTENBERG EBOOK POPULAR LAW-MAKING ***

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POPULAR LAW-MAKING

A STUDY OF THE ORIGIN,

HISTORY, AND PRESENT TENDENCIES

OF LAW-MAKING BY STATUTE

BY

FREDERIC JESUP STIMSON

PROFESSOR OF COMPARATIVE LEGISLATION IN HARVARD UNIVERSITY

"NOW, MY LORD, I DO THINK, THAT PRACTICE AND USAGE IS A GREAT
EVIDENCE OF THE LAW."--CHIEF JUSTICE HOLT, IN "THE
GREAT CASE OF MONOPOLIES."--7 STATE TRIALS, 497

1911

TABLE OF CONTENTS

I. THE ENGLISH IDEA OF LAW

Proper Field of Legislation; Meaning of the Word "Law,"; Modern
Importance of Statute Law; Representative Government and the Right
to Law; Enforcement of the Common Law; Origin of Representative
Legislatures; Customary or Natural Law; No Sanction Necessary;
The Unwritten Law and Outlawry; Early Parliament Merely Judicial;
Contrast of Common Law with Roman Law; Theory that the King Makes
Law; Parliament Retains the Right to Tax; Parliament Recovers
Legislative Powers.

II. EARLY ENGLISH LEGISLATION AND MAGNA CHARTA

Constructive Legislation a New Idea; Statutes Increase of Late
Years; Sociological Legislation only Considered; Early Legislation
Political; English Law not Codified; Early Anglo-Saxon Laws;
Freedom Gained in Guilds; Threefold Division of Government; No
Constitution Controls Parliament; Restoration of English Law After
the Conquest; Taxation by Common Consent; Earliest Social Statute;
Recognition of Personal Property; Law of Land Tenure; The Charter
of Liberties; Early Methods of Trial; Distinction Between Sin and
Crime; Church Law Governs Sin; Important Clauses of Magna Charta;
Freedom of Trade; Taxation for the Common Benefit; The Great
"Liberty" Clause; "Administrative" Law not English; No Government
Above Law.

III