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Home > Biographies & Memoire > Biography and non-fiction prose > Anthologies: general > An Essay on Arbitration; More Particularly as It Relates to Commerce and Marine Insurance with an Appendix on Forced Arbitration
An Essay on Arbitration; More Particularly as It Relates to Commerce and Marine Insurance with an Appendix on Forced Arbitration

An Essay on Arbitration; More Particularly as It Relates to Commerce and Marine Insurance with an Appendix on Forced Arbitration


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834. Excerpt: ... CHAPTER III. Of The SUBMISSION To Arbitration; OF THE MODES OF REFERRING; AND Of The INSTRUMENTS Of ReferEnce. The Submission is the authority given by the parties at variance to the Arbitrators, empowering them to inquire into and decide upon the matters in dispute. This may be made in various ways; but before we proceed, the writer begs leave to apologize in advance for deviating from the direct technical line, to state what he conceives to be the origin of referring disputes to arbitration. The greatest privilege which every one possesses is to think, and (consistently with law and propriety) to act for himself, without controul or hinderance. This principle, which appears inherent in human nature, leads to a man's having what is called "an opinion of his own"; which opinion, after being indulged in for some time, it is not too much to suppose he would imagine to be the true one. Now when, in the early ages of society, two men thus situated met, who were each equally well-disposed and each equally tenacious of his own opinion, and this opinion happened to differ on the subject of property; it would seem natural that they should agree to leave that dispute to the decision of another, which they could not agree to decide themselves. This other, or third person, would be what we call (from the Latin) a referee, or an arbiter, or (from the French, un pere) an umpire; which in those days, and among those people, would be an aged man, (called father, )--for age was with them, as gravity was formerly with us, a mark of wisdom. However this might be, the fact is, that if some principle similar to this had not been established, civil society could not have had a permanent existence. It has been held by some persons, that an arbitrator could never be certain that...


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Product Details
  • ISBN-13: 9781151623270
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 24
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 115162327X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 64 gr


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An Essay on Arbitration; More Particularly as It Relates to Commerce and Marine Insurance with an Appendix on Forced Arbitration
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