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WE believe it is Lord Bacon, who says, that important im- provements in the existing laws of any country are not to be looked for either from mere technical lawyers, or from specula- tive philosophers.
The first class he holds to he unfit for the task of legal reformation, because their intellectual habits are too narrow and confined, and the latter, hecause their theoreti- cal notions are not enlightened by experience, and they are apt to generalize from a too hasty induction.
The noble work of legislative improvement, opus heroicum, he assigns to those whom he calls statesmen, whose views are large and compre- hensive, and at the same time rectified by an extensive aiid practical knowledge of human affairs.
But in using this designation he certainly could not mean to apply it to those, who are vulgarly called statesmen; but who in all times have been, nearly without exception, entirely neglectful of every thing, except the husiness of war, negotiation, and finance. Indeed the profound ignorance of the science of political economy, and of the philosophy of lebislation, which attaches to some great names in this class, is truly remarkable.
How has it happened, that it is still almost every- where notoriously partii an coriupt, and where it is not so, that it should be burthened with so many idle, perplexing, and expensive forms of procedure?
How has it happened, that in England, the country which is so far in advance of all other Europe n nations in civil freedom, counsel were not allowed to the accused, even in cases of t ea- son, where the terrors of the law and the xvhole weight of gov- ernment are brought to bear upon the unhappy prisoner, until the statute 4 7 Will.
Tli people know and judge of it by nothing else. The effects of this are felt every day by the meanest, in the business and affairs of common life.
Statesmen indeed have their attention called off to more exten- sive political views; they look abroad into foreign countries, and con- sider your remote interests and coanexions with other nations. The chief office of government is to secure us the regal r course of law and justice.
We have mentioned these things, not from a querulous dis- position, nor because they a e the most glaring examples we could have selected of the slow progres of legal linprovement, and of the general iadiffc;ence with which these subjects have been regarded by professional statesmen.
XVe have only alluded to them for the purpose of contrastinn this indifference with the spirit of inquiry, which has noxv gone forth. An anxions desire to engage in the investigation of these subjects is now exten- sively diffused.
It is directed by such enlightened, sound, and practical views, that we may be allowed to hope for great mm- p ovements in all the institutions connected with the adminis- tration of justice. The liberal principles which have receuth been professed by the British ministers, on questions relating to the science of legislation, and to political economy, are amoub the most remarkable sign.
Hence the extensive alterations in the British laws of trade and navigation, which have been proposed by Mr Huskisson, and the revision and consolidation of the statutes suggested by Mr Peel.
Hence, too, the ap- pointment of a commission to inquire into the abuses connected with the administration of justice, in the Court of Chancery. In this country we have already done more towards the simplifica- tion of the laws, and the practice of the courts, than will Verplaneks Essay on Gontracts.
Here we have, perhaps, less difficulty to encounter from the horror of innovation, than from crude, rash, and improvi ent projects of reform.
But with the characteristic good sense and moderation of our peo- ple, we shall probably find more than a compensation for the evils to he apprehended from this source, in that timid caution, vhich is inspired by the habitual prejudices of professional men, and which will not suffer any proposed amendment of the law to escape a severe scrutiny.
Those, who refer to the three years labours of Tribonian, and his associates, in the compilation of the Pandects, as an example of the facility, with which the whole body of the laws of a great empire may be consolidated into a code, arc little aware of the immense difference of the materials, with which those legislators worked, from those, which must enter into the conposition of a written code, in a country governed by the common law and equity system of England.
They are also probably as little aware of the extreme crudity and imperfection of the work, which they produced in so short a space of time, The Ante-Justinian jurisprudence was rich in legal principles, drawn from natural law, and from the science of ethics and tmalagous reasoning, and skilfully adapted to the wants and necessities of civilized society.
The codifiers of that day had therefore little more to do, than to consolidate these responsa prudeutun with the imperial rescripts upon the same titles, and to arrange the whole in the natural order of the subjects. How inadequately they have accomplished this task, is best known to those who have studied the history of this science, at present almost entirely neglected, except by the scholars and civilians of Ger- many.
They are full of antinomies, or contradictory decisions, of dif- ferent emperors, and of the juriscousults of rival sects, which all the skill and subtilty of modern civilians have not been able to reconcile.
The measures adopted by the legislature of Louisiana for the compilation of a written code, and the steps taken by the state of New York, towards a more perfect revision of the statute laws, than has yet been attempted in this country, are very important indica- tions of the progress of the public mind in respect to this sub- ject.
But ni posing it to be expedient, an essential preliminary to its execution would eem to be a careful examination of the present system of law and equity, in order to ascertain upon what foundations it rests, how far it. Such appwrs to be the object of the Essay before us, so far as respects a particuk r title of the law of Contracts.
|Samuel Adams Octoberfest (Fall)||ACTING was the first art in which Amer- ica was able to hold her own or even to make headway in any contest or comparison with the more mature life of Europe. There are as good actors in America as there are in France, or Germany, or Eng- land.|
|Here Are The 10 Sam Adams Beers You Need To Drink First - Food Republic||Pale lager — Pale lager is a very pale-to-golden-coloured lager beer with a well attenuated body and a varying degree of noble hop bitterness. The resulting Pilsner beers — pale-coloured, lean and stable beers — were very successful, Bavarian brewers in the sixteenth century were required by law to brew beer only during the cooler months of the year.|
In this point of view it aims at a higher object, than can be supposed to be intended by any treatise of mere technical law. A code of laws cannot be prepared ro re natd, and enacted without regard to the preexisting law, practice, and legal habits of the country where it is to be established.
Independently of their utility in this respect, investigations of this sort must always be attractive to those who regard law as a science founded on reason, and not merely resting on positive institution nd the authority of precedents.
Soon after sni rise the next morning, and before it could possibly be known among men of business, a merchant, who had been put in possession of the information, called upon another, and con- tracted for the purchase of a large quantity of tobacco at the market price of the day, without giving the vendor any hint of the intelligence, but at the same time without saying anything alculated to impose upon him.
The Court is of o inion that he was not bound to coma nLate it. It ould be dfficult to ch cumscrihe the contrary doctrine xvitdn proper limits, wh re the means of intelligence are equally accessble to both parties. I mauner, and that the Chief Justice had ot applie his logical and o i6inni mind to the thorough examination of this subject, in Ii its beaninos.
Follow them out in applying this principle, and the uniformity ceases. With regard to the moral regulation of our conduct, they expressly distinguish between the coarse and imperfect morality, which they are willing to enforce at their own tiibunal, and the sterner decrees of the Interior Forum, for so the Roman law, by a noble metaphor, has termed the de- cisions of an enlightened conscience.
In short, they have often in various shapes recognised and applied the harsh maxim of caveat em tor, and thrown upon the buyer the burthen of every loss, against which it was possible for him to have protected himself by caution and suspicion.
But on the other hand, in these same courts, a complete head of commercial law has been gradually filled up almost in our own days, by a continued series of wise judicial legislation, upon principles scarcely reconcileable with these.
The law of insur- ance requires everywhere the most perfect sincerjty and frank- ness between the contracting parties, and the slightest suppression of a material fact is held to exonerate the opposite party.
In the same spirit too, the courts of equity, for the last cen- tury, have enforced a very hightoned and almost scrupulous morality in a large class of cases of another sort; invalidating or refusing to enforce agreements, and setting aside or rectifying conveyances made for an inadequate consideration, or through mistake as to facts, or from ignorance of legal rights.
This it carries in theory to an extent which few men of business in our days, not excepting the most scrupulously honest, would allow to bc wise and just. It was a natural consequence of this, that both in the Roman law itself, and in those systems of jurispr idence professedly modelled upon it, these principles, after having been broadly laid down as the un- doubted and universal moral rule, are restricted for legal pur- poses by regulations and limitations wholly arbitrary, and some- what contr dictory to the professed spirit of the law.
The common law of England, like the language of that country, is derived from various sources widely remote from each other.“The decline of some of our Samuel Adams styles is due to increased competition, which particularly impacted Boston Lager and some of our seasonal beers,” President and Chief Executive Martin.
Sam Adams offers a wide range of beers but let’s take a look at probably the best they have to offer, the Sam Adams Chocolate Bock. Jim Koch, founder of Samuel Adams, made a YouTube video in and talked about the wine level complexity and the aroma of this beer noting some fruitiness due to the fermentation process.
Samuel Adams / Boston Beer Company Samuel Adams Boston Lager scored a 95 in a blind taste test by BJCP judges for Craft Beer & Brewing Magazine. Fresh Beers. The best new craft beers available in a beer store near you.
Seclusion is an India pale ale, brewed with light malts and dry hopped to create a hops-forward citrus note. 95%. Beer lovers across the world have likely heard of Samuel Adams beer, the flagship beer of Boston Beer Company.
Now served in over 20 countries and in all 50 U.S. states, Sam Adams beer .
There is no comparison between communism and taxation The writer who wrote about comparing taxation to communism must be unhappy with his taxes. He obviously has his facts wrong and perhaps fell asleep during history class in high school.
Communism and taxation the same? I think not; (timberdesignmag.com defines communism as) an. Creation of machine-readable edition. Cornell University Library page images in volume Cornell University Library Ithaca, NY ABP /moa/scmo/scmo