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#law #commonlaw #lectures #famoustexts
The Common Law
LECTURE I.
EARLY FORMS OF LIABILITY.
[1] The object of this book is to present a general view of the
Common Law. To accomplish the task, other tools are needed
besides logic. It is something to show that the consistency of a
system requires a particular result, but it is not all. The life
of the law has not been logic: it has been experience. The felt
necessities of the time, the prevalent moral and political
theories, intuitions of public policy, avowed or unconscious,
even the prejudices which judges share with their fellow-men,
have had a good deal more to do than the syllogism in determining
the rules by which men should be governed. The law embodies the
story of a nation's development through many centuries, and it
cannot be dealt with as if it contained only the axioms and
corollaries of a book of mathematics. In order to know what it
is, we must know what it has been, and what it tends to become.
We must alternately consult history and existing theories of
legislation. But the most difficult labor will be to understand
the combination of the two into new products at every stage. The
substance of the law at any given time pretty nearly [2]
corresponds, so far as it goes, with what is then understood to
be convenient; but its form and machinery, and the degree to
which it is able to work out desired results, depend very much
upon its past.
In Massachusetts today, while, on the one hand, there are a great
many rules which are quite sufficiently accounted for by their
manifest good sense, on the other, there are some which can only
be understood by reference to the infancy of procedure among the
German tribes, or to the social condition of Rome under the
Decemvirs.
I shall use the history of our law so far as it is necessary to
explain a conception or to interpret a rule, but no further. In
doing so there are two errors equally to be avoided both by
writer and reader. One is that of supposing, because an idea
seems very familiar and natural to us, that it has always been
so. Many things which we take for granted have had to be
laboriously fought out or thought out in past times. The other
mistake is the opposite one of asking too much of history. We
start with man full grown. It may be assumed that the earliest
barbarian whose practices are to be considered, had a good many
of the same feelings and passions as ourselves.
The first subject to be discussed is the general theory of
liability civil and criminal. The Common Law has changed a good
deal since the beginning of our series of reports, and the search
after a theory which may now be said to prevail is very much a
study of tendencies. I believe that it will be instructive to go
back to the early forms of liability, and to start from them.
It is commonly known that the early forms of legal procedure were
grounded in vengeance. Modern writers [3] have thought that the
Roman law started from the blood feud, and all the authorities
agree that the German law begun in that way. The feud led to the
composition, at first optional, then compulsory, by which the
feud was bought off. The gradual encroachment of the composition
may be traced in the Anglo-Saxon laws, /1/ and the feud was
pretty well broken up, though not extinguished, by the time of
William the Conqueror. The killings and house-burnings of an
earlier day became the appeals of mayhem and arson. The appeals
de pace et plagis and of mayhem became, or rather were in
substance, the action of trespass which is still familiar to
lawyers. /2/ But as the compensation recovered in the appeal was
the alternative of vengeance, we might expect to find its scope
limited to the scope of vengeance. Vengeance imports a... <<<<<< N.B from Jumbotweet: auto-truncated at 4K characters on index page - Click here or on the "view" link to see entire jumbotweet! http://www.jumbotweet.com/ltweets/view/9104 -
#justice #equality #humanrights #declaration
This is the code we should live by across all the planet.
The Declaration of Human Rights
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to... <<<<<< N.B from Jumbotweet: auto-truncated at 4K characters on index page - Click here or on the "view" link to see entire jumbotweet! http://www.jumbotweet.com/ltweets/view/9098 -
#amazon #privacy #notice
Amazon annual notice:
Greetings from Amazon Payments:
We appreciate the trust that you have put in Amazon Payments by using our services.
So, each year we send you this notice to tell you about our privacy practices, as
well as how you can report errors or unauthorized transactions related to your
Amazon Payments account.
We know that you care how information about you is used and shared. To help you
understand our privacy practices, we have detailed how we collect, use and safeguard
your personal and financial information in our Privacy Notice.
https://payments.amazon.com/sdui/sdui/helpTab/Personal-Accounts/Privacy-Security/Privacy-Notice
Our Unauthorized Transaction Policy describes how you can report to us any billing
errors or unauthorized transactions involving the use of your account balance or
registered bank account. It also describes our liability and your rights for these
type of errors or transactions.
https://payments.amazon.com/sdui/sdui/helpTab/Personal-Accounts/User-Agreement-Policies/Unauthorized-Transactions-Policy
Please take a moment to review these policies. They may be found by clicking the
User Agreement/Policies link on our web site at payments.amazon.com.
If you have questions or concerns about this information, please contact us by
signing in to your Amazon Payments account and clicking on the Contact Us link or by
writing to us at Amazon Payments, Attn: Compliance, P.O. Box 81226 Seattle,
Washington 98108-1226.
Thank you for using Amazon Payments.
Sincerely,
The Amazon Payments Team -
#mw3 #murdersimulators #idiotic_species
"video game violence is being considered normal by manufacturers and gamers"
http://en.wikipedia.org/wiki/I%27m_O.K_%E2%80%93_A_Murder_Simulator
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Looks like fema tests did *not* successfully run across the US TV stations. #fema #fail
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iOS 5.0.1 beta 2 now available.
iOS 5.0.1 beta 2 is now available on the iOS Dev Center. You can also install the
update over the air from devices that have iOS 5.0.1 beta installed. iOS 5.0.1 beta
introduces a new way for developers to specify files that should remain on device,
even in low storage situations.
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