Law of Freedom and Bondage in the Un

John Hurd

Applewood Books, 2009. 1. 23. - 668페이지

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LAW DEFINED AND DIVIDED ITS OBJECT ORIGIN EFFECT AND EXTENT	1

SEC PAGE	2

The natural law being law in the primary sense is determined	7

Of national law otherwise called municipal	9

International law a rule acting on nations as its subjects	10

The authority of national and international law compared	11

International law acting on nations is not law in the strict sense	12

The recognition of natural law in national and international law	13

Of legislation and the judicial function 30 Of the authority of judicial precedents 31 Of customary law	353

The doctrine of universal jurisprudence anteriorly applied to	356

Chattel slavery of infidels and heathens supported by universal	362

Supremacy of the national judiciary in determining the law con	365

Effect of former international recognitions of slavery	367

Of the authority of private jurists 33 Of the authority of foreign laws 34 Of the authority of universal jurisprudence 35 Unwritten or customary law a ...	369

Nor sustained by the law having a national and personal extent	372

Application of the foregoing to Lord Mansfields reasons for	373

Natural law becomes a coercive rule in being identified with the will of the state	14

Insufficiency of Blackstones definition of municipal law	15

Who may ascertain the law of nature for the state	16

Positive law and jurisprudence defined	17

Comprehensiveness of the term jurisprudence	18

General or universal jurisprudence defined	19

Use of the term law of nations	20

Of the distinction between persons and things	21

Relations consist of rights and obligations	22

Rights of persons and rights of things distinguished	23

Subjects and objects of rights	24

PAGE	36

Of legal persons and chattel slaves	44

Public and private law distinguished	47

The second portion described a law in the primary sense	50

Its extent to persons depends on the will of the state	56

Under which class of relations are those of which status or condition	63

SEC PAGE	71

Consequence of the recognition of the jural character of the laws	73

Hubers three maxims	79

Judicial measure of the allowance of foreign laws under what is call	85

National and international law are thus differently applied Origin of	86

Universal jurisprudence developed by the application of interna	88

Individual rights may be attributed by laws of universal personal	91

How laws of universal personal extent may be judicially discrim	102

Personality or legal capacity a necessary topic of private interna	109

Though disallowed in the forum its incidental effects in the foreign	111

The recognition of chattel slavery under comity limited by universal	115

The common law of England accompanied the English colonist	118

Of the common law having personal extent as a political guaran	124

Civil and political liberty liberty by public and by private law	130

SEC PAGE	131

The relation of master and servant under the law so transferred	137

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT	142

Of the Roman law as an exposition of universal jurisprudence	143

Of the attribution of chattel slavery to jus gentium by the Roman	145

Analysis of jus privatum according to its supposed origin recog	151

In Roman law slavery was the chattel condition of a natural person	153

Changes occurring in international law are not simultaneous among	159

SEC PAGE	166

Why the common law of every state must exhibit its own recep	173

Case of Butts v Penny	179

Cases of Smith v Brown and Cooper and of Smith v Gould Holts	185

The territorial and personal extent of laws of condition depends	192

Of such principles determining the condition of the aboriginal	199

Term colonists in the charters how to be understood	207

79	209

National law affecting the subject distinguished from local law	213

Condition of the free Indian or emancipated negro was an effect	215

FARTHER CONSIDERATION OF THE NATURE OF PRIVATE INTERNATIONAL	226

219	239

56	254

Effect of Christianity in modifying slavery under the Roman	262

221	265

Natural reason acknowledged in positive law	267

SEC PAGE	271

223	273

80	274

7	278

81	281

225	282

8	283

13	284

15	286

227	291

extent	293

SEC PAGE	294

17	296

229	297

20	300

22	302

23	306

230	309

Connection of the subject with axioms already stated	316

CHAPTER VIII	328

Authorities on the law of the Netherlands	335

Of difference of religious creed as a foundation of chattel slavery	340

The customary law of France as exhibited in the case of Verdelins	342

International law acts on private persons in being enforced by some	346

The criterion of property is to be taken from these writers	348

Other proof from Vattel of the inapplicability of the rule	350

In the fifteenth century the holding of heathen negroes as slaves	376

The previous practice of holding negroes in bondage there	379

25	381

SEC PAGE	382

OTHER THAN THOSE RESEMBLING SOMERSETS CASE	383

Extension of the English law of free condition to colonists of other	391

OF THE INVESTITURE IN THE PEOPLE OF THE SEVERAL STATES AND	394

Of the universal reception of such maxims in international law	395

Change in the location of sovereign power which occurred in	400

26	401

28	406

SEC PAGE	409

CHAPTER XII	415

57	418

Liberty as secured by the Constitution is definable only by refer	420

Of the manner in which personal condition may depend on public	421

Laws of universal personal extent discriminated by judicial action	430

Inconsistencies in that opinion 191	436

Extent of the judicial power held by the State Governments	437

The slavetrade not then contrary to the law of nations in	442

59	445

29	449

392	451

The jurisdiction can be exercised only by courts of ordinary	456

30	465

BEC PAGE	474

The laws of the several States have no territorial extent beyond	477

Rules of common law origin may have national extent as personal	480

CHAPTER XV	486

Illustration in civil and criminal jurisdiction	493

The determination of personal condition is not included under	494

32	497

The States may limit the application of their several judicial	499

The State judicial function is here subordinate to the national	500

459	503

Judicial power and ancillary ministerial power how distinguishable	506

In what manner international law operates 34	514

Presumption that the existing State Governments are republican	515

Similarity of this inquiry to that of the extent of the power	521

The States determine the status of persons in respect to the action	525

Supposed sanction for legislation reducing free blacks to slavery	527

Mr Justice Daniels opinion	533

SEC PAGE 497 Mr Justice Campbells opinion	535

Mr Justice Catrons opinion	539

Views taken by Justices McLean and Curtis	541

Mr Justice McLeans opinion	542

Universal jurisprudence a part of national and of international law 34	543

Mr Justice Curtis opinion	546

Doctrines of the equality of the States in respect to the territory of the United States	547

Of the doctrine as a principle of law	554

Of the doctrine as a political principle	555

The corporate existence of the political people of a State is extrin	556

Comparison of the views of the majority of the court on this point in Dred Scotts case	558

That in this case no principle for denying the power was support ed by a majority of the court	559

Fallacy in the doctrine that in the Constitution slaves are referred to as property by local law	560

Fallacy in the doctrine that by its operation slaves are property under national law	561

The political people of the States identified with the people of	562

60	563

Necessity of a customary standard of property	564

The customary standard must be identified with the national juris prudence	565

The standard is found in the customary law of all civilized nations	566

Or in the universal jurisprudence of all juridical nations	567

Which was part of the American law having national extent and quasiinternational effect	568

Distinction of a universal jurisprudence peculiar to the United States	569

That slavery rests on national common law is implied in Chief Justice Taneys opinion	570

Senator Benjamins assertion of the doctrine in the Kansas debate	571

SEC PAGE	573

Universal jurisprudence cognizable from the history of the	579

Of Lord Stowell and Judge Story as cited by Senator Benjamin	586

The idea that the national Government may remain neutral in	592

The individual members are known by the then existing laws	593

Origin of the servitude of white persons for terms of years	599

Sovereignty how distributed between the national Government	601

The private law of the colonies was not abrogated by the Revolu	602

The traffic in negro slaves was recognized by all the maritime	605

གླ ོ ཾལལ	606

Effect of law 40 Of individual and relative rights 36 41 Of liberty as an effect of law 37	608

Extension of English dominion in territory first occupied by other	609

The legal and the ethical idea and objective and subjective apprehen sion of liberty	610

Modern universal jurisprudence supporting chattel slavery has	616

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according African alien applied attributed authority bondage chapter character chattel slavery Christian cited civil colonies colonists comity Comm common law condition Congress Constitution court declared determined distinction doctrine dominion duty effect empire enacted English exercise existence foreign laws freedom Government held Hist Indians individual judicial tribunals jural juris jurisdiction jurists jus gentium justice law of England law of nations legal persons legislative power liberty limits Lord Mansfield manumission master mulatto municipal internal municipal law municipal national national law natural law natural reason negroes personal law persons and things political positive law positive legislation principles private international law private law private persons province public international law public law question recognized reference relations respect rights and obligations Roman Roman law rule of action sense servants servitude slaves sovereign power sovereignty statutes term territorial therein tion United universal jurisprudence villein villenage

도서 문헌정보

제목	Law of Freedom and Bondage in the Un Civil War Series
저자	John Hurd
발행인	Applewood Books, 2009
ISBN	1429015179, 9781429015172
길이	668페이지

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Law of Freedom and Bondage in the Un

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