The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volum 14Butterworths, 1863 |
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Side 377 - In most civilized countries, acting under a sense of the force of sacred obligations, it has had the sanctions of religion superadded: it then becomes a religious, as well as a natural, and civil contract ; for it is a great mistake to suppose that, because it is the one, therefore it may not likewise be the other. Heaven itself is made a party to the contract, and the consent of the individuals, pledged to each other, is ratified and consecrated by a vow to God.
Side 377 - marriage, in its origin, is a contract of natural law ; it may exist between two individuals of different sexes, although no third person existed in the world, as happened in the case of the common ancestors of mankind. It is the parent, not the child, of civil society. In civil society it becomes a civil contract, regulated and prescribed by law, and endowed with civil consequences.
Side 393 - MACKENZIE. Studies in Roman Law. With Comparative Views of the Laws of France, England, and Scotland. By Lord MACKENZIE, one of the Judges of the Court of Session in Scotland.
Side 400 - ... upon the servants of evil. We are aware also that there will be many men of ordinary powers performing ordinary duties without praise or blame; but the advocate entitled to permanent success must unite high powers of intellect with high principles of duty. His faculties and acquirements are tested by a ceaseless competition proportioned to the prize to be gained, that is, wealth and power and honour without, and active exercise for the best gifts of mind within.
Side 400 - ... made binding. In this case, the advocate, by disclosing words of intimate confidence which passed in moments of helpless anxiety, has raised the phantom of a contract for a sum of monstrous amount; and of this we hope we may say that there is no one in the profession of the plaintiff who would be willing to accept from him this verdict for 20,0001.
Side 180 - Act, 1862," means the Act passed in the session held in the twenty-fifth and twenty-sixth years of the reign of Her present Majesty, chapter fifty-three, intituled " An Act to facilitate the proof of title to and the conveyance of real estates.
Side 174 - ... constituted and authorized in conformity with the laws in force in either of the two countries, have concluded the following articles : — I.
Side 377 - origin, is a contract of natural law ; it may exist between two individuals of '' different sexes, although no third person existed in the world, as happened in " the case of the common ancestors of mankind : It is the parent, not the child "of civil society, 'Principium urbis et quasi seminarium Reipublice.' In " civil society it becomes a civil contract, regulated and prescribed by law, and "endowed with civil consequences.
Side 401 - ... rights; and the words of such men carry a wholesome spirit to all who are influenced by them. "Such is the system of advocacy intended by the law requiring the remuneration to be by gratuity. But, if the law allowed the advocate to make a contract of hiring and service, it may be that his mind would be lowered, and that his performance would be guided by the words of his contract rather than by principles of duty — that words sold and delivered according to contract, for the purpose of earning...
Side 400 - His client must trust to him at times for fortune, and character, and life. The law trusts him with a privilege in respect of liberty of speech, which is in practice bounded only by his own sense of duty...