The Spirit of the Common Law
Not only has the common law as a system successfully resisted all attempts to bring in some other law in its place, but in those parts of our system where alien and more flexible methods have existed or have arisen, in contravention of the fundamental theory of the common law that litigation is contentious, and wherever arbitrary discretion has obtained a serious foothold, the common law ultimately has prevailed. Probate, administration, and divorce have been absorbed into our American common law. Case law and precedent have turned admirality into a common-law mold. Equity and equity procedure have been legalized. Precedent and case law in the one, and the doctrine of contentious procedure in the other, have effectually made them over to the common-law model. Evidence in equity is now governed by rules framed to regulate the admission of evidence before juries: common-law executions are issued on decrees for the payment of money, though courts admit that contempt proceedings might sometimes be proper: exemption laws, effective against executions, are defying equitable principles as to trusts and trust funds: and more than one equitable doctrine has become so legalized as to run counter on occasion to the justice and equity which were its original foundation. So far has this gone, that an acute observer has laid it down as a principle of legal science, that the judicial administration of justice is intrinsically contentious.
*An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.
Formats for this Ebook
|Required Software||Any PDF Reader, Apple Preview|
|Supported Devices||Windows PC/PocketPC, Mac OS, Linux OS, Apple iPhone/iPod Touch.|
|# of Devices||Unlimited|
|Flowing Text / Pages||Pages|
|The message text*:|
Histoire Du Royaume Des Pays-bas, Depuis 1814 Jusqu'en 1830: Précédée D'un Coup D'oeil Sur Les Grandes Époques De La Civilisation Belge, Et Suivie ... La Révolution De 1830 Jusqu'aujourd'hui :...
Lives of the Primitive Fathers: Being a Faithful History of the Acts and Sufferings of Those Eminent Men Who Lived in the Early Ages of the Christian ... an Account of Various Systems of Hea