Commentaries on the Laws of England, Vol. 3 (Classic Reprint) - Couverture souple

Fitch, Eleazar T. Blackstone

 
9781440046155: Commentaries on the Laws of England, Vol. 3 (Classic Reprint)

Synopsis

Explore how private injuries were defined and repaired in early English law. This edition of Commentaries on the Laws of England, Book III, presents the foundational idea that the law aims to establish rights and prohibit wrongs. It explains how courts, dictated by the king’s authority, offer redress for private injuries, and it outlines the paths from simple personal actions to more complex remedies that involve statutes or ecclesiastical matters.

The text outlines a threefold approach to redress. First, remedies obtained by the mere act of the parties themselves. Second, remedies arising from the act or operation of law. Third, remedies that arise from lawsuits in courts, combining the two earlier forms. It also discusses the role of courts in civil disputes and the ways individuals can defend or recover their rights, including defenses of self and family, and the limits on clerks or patrons in certain patronage disputes. The work also introduces specific procedures and writs used to protect rights, including writs connected with patronage, advowson, and various forms of legal actions.

- Learn how private rights and wrongs are defined and categorized
- See how remedies are organized: by personal action, by law, or by court
- Get examples of remedies and writs used to protect property, patronage, and ecclesiastical rights
- Understand early limits on certain legal actions and the role of clerks and patrons

Ideal for readers of legal history, early common law, and the development of civil justice in England.

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Présentation de l'éditeur

From hence therefore it followed, that the primary objects of the law are the eftablifhment of rights, and the prohibition of wrongs. And this occafioned cthe distribution of thefe collections into -two general heads -, under the former of which we have already confidered the rights that were defined and eftablifhed, and under the latter are now to confider the wrongs that are forbidden and redrefled, by the laws of England. a I ntrod. .2. contraria. Cic. IP bilifp.l 2, Draft., I. e.-. bS anfiio jufta, jubciis honefta, et frskitcH ic Book I. ch. I. VOL. III.
(Typographical errors above are due to OCR software and don't occur in the book.)

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