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Introduction to the Study of Law

Introduction to the Study of Law


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: III. THE OPERATION OF LAW. How the Common Law Grows.?The external features of the process by which statutory law is enacted are matters of common knowledge. But the life history of the Common law is not generally known outside of the legal profession, and even within the profession parts of its history and way of operation are still questions for investigation and discussion. From the year 1194, the date of the earliest extant plea-rolls in England, down to the latest volume of Reports in the newest state of the Union, extends a succession of records of the Common law. The most recent volume of the Utah Reports has an ancestry that runs back for seven hundred years. Every question to which the Common law is applicable must be decided according to the rules and principles to be found somewhere in these judicial records. These previous cases, in which are to be found the rules and principles to be applied, are called precedents. At the present moment a rule of English law has first to be disentangled from the recorded facts ofadjudged printed precedents, then thrown into a form of words . . . and then applied to the circumstances of the case for adjudication. ' For example: A. brings upon his premises and uses a steam boiler. Through no fault of his the boiler explodes and injures B. Must A. pay for the damage ? There is one line of precedents from which is extracted a principle that a man must use due care toward his fellow-men in the conduct of his affairs. A. has used due care, and, therefore, if this principle applies, A. is not liable. But there is another line of precedents from which is drawn a rule that, if one brings and keeps upon his premises certain things that are in their nature likely to escape and do damage, no amount of care will excuse him from liabili...


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Product Details
  • ISBN-13: 9780217492911
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 18
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 0217492916
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 54 gr


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