The Complete Works of Edward Livingston on Criminal Jurisprudence: Consisting of Systems of Penal Law for the State of Louisiana and for the United States of America : with the Introductory Reports to the Same : to which is Prefixed an Introduction, Band 1National Prison Association of the United States of America, 1873 |
Im Buch
Ergebnisse 1-5 von 89
Seite vi
... Common and Civil Law , and thoroughly versed in the general principles of Jurisprudence ; a statesman already eminent , and destined to be much more eminent ; he was singularly qualified for the task which , in obedience to the ...
... Common and Civil Law , and thoroughly versed in the general principles of Jurisprudence ; a statesman already eminent , and destined to be much more eminent ; he was singularly qualified for the task which , in obedience to the ...
Seite 9
... , it is supposed , tend to render the code both explicit and concise . Technical terms are never used in the work , where common expressions could be found to give the same idea . The employment of them THE PLAN OF A PENAL CODE . 9.
... , it is supposed , tend to render the code both explicit and concise . Technical terms are never used in the work , where common expressions could be found to give the same idea . The employment of them THE PLAN OF A PENAL CODE . 9.
Seite 10
... common parlance , it becomes necessary to explain the precise meaning which is attached to it in the code . To this end , whenever any such expressions occur in the course of the work , they are to be printed in a particular character ...
... common parlance , it becomes necessary to explain the precise meaning which is attached to it in the code . To this end , whenever any such expressions occur in the course of the work , they are to be printed in a particular character ...
Seite 13
... common law , justify the belief , that without some legislative restraint , our courts would not be more scrupulous than those of other countries , in sanctioning this dangerous abuse . In another part of the code , it is intended to ...
... common law , justify the belief , that without some legislative restraint , our courts would not be more scrupulous than those of other countries , in sanctioning this dangerous abuse . In another part of the code , it is intended to ...
Seite 14
... common law are adopted , now exist . No legislative act can apply an effectual remedy to these and other constitutional defects ; but their existence has called for a longer enunciation of general principles in the code , than would ...
... common law are adopted , now exist . No legislative act can apply an effectual remedy to these and other constitutional defects ; but their existence has called for a longer enunciation of general principles in the code , than would ...
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
accused adopted applied argument attention capital punishment cause chapter circumstances civil committed common law confession confinement considered contains conviction court crime Crimes and Punishments criminal criminal law danger death declared defects defendant degree directed duty EDWARD LIVINGSTON effect enforce England English law evidence evil examination execution exercise existence fact false favour force give given guilty habeas corpus homicide honour human imprisonment incurred indictment inflicted injury innocent intended interest judge judicial jurisprudence jurors jury justice labour legislation legislature liberty Louisiana magistrate means ment mind mode moral murder nature necessary necessity oath object offences offences affecting officer operation party penal law penalty penitentiary perjury person positive law present law principles Prison Discipline produce proof proper prosecution provisions punishment reason reformation remedy render repeal rules sanction secure society statute suffer supposed testimony tion trial trial by jury truth witness
Beliebte Passagen
Seite 193 - God to man, and by the nature of man, to the social state in which he was formed to live; and the correspondent mutual duty of the individual and of the society is to defend this right; but when the right is given, the means to enforce it must, in natural as well as positive law, be admitted to be also given. If, then, both individuals and the society have the right to preserve their several existence, and are, moreover, under the reciprocal duty to defend it when attacked, it follows, that if one...
Seite 112 - It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent...
Seite 414 - The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to a separate body of magistracy, to wit: those which are legislative to one. those which are judicial to another, and those which are executive to another.
Seite 123 - The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which are Legislative to one ; those which are Executive to another, and those which are Judiciary to another. § 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Seite 111 - The governor, by and with advice and consent of the said legislative council, or of a majority of them, shall have power to alter, modify, or repeal the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States...
Seite 121 - Unfortunately we have both. By the 33d section of the act so frequently referred to (4th May(a) 1805) it is enacted, " that all the crimes, offences and misdemeanors herein before named , shall be taken, intended and construed according to, and in conformity with, the common law of England ; and that the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence, and all other proceedings...
Seite 152 - The infirmities of the best among us, the vices and ungovernable passions of others, the instability of all human affairs, and the numberless unforeseen events which the compass of a day may bring forth, will teach us (upon a moment's reflection), that to know with precision what the laws of our country have forbidden, and the deplorable consequences to which a wilful disobedience may expose us, is a matter of universal concern.
Seite 264 - It cannot have escaped the attention of the reader, that this method of making the defendant answer upon oath to a criminal charge, is not agreeable to the genius of the common law in any other instance...
Seite 126 - The Legislature shall never adopt any system or code of laws by general reference to such system or code of laws, but in all cases shall specify the several provisions of the laws it may enact.
Seite 279 - All crimes, offences and misdemeanors shall be taken, intended and construed according to and in conformity with the common law of England; and the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence and all other proceedings whatsoever in the prosecution of...