Journal of the International Natural Law Society, New Series Volume 10, Numbers 1 & 2, Winter 2009

Our nation and Constitution were based upon natural law which secured our unalienable rights, and what makes them unalienable is that they are God-given, derived from the nature and purpose of man. This is affirmed by the Declaration of Independence: "We hold these truths to be self-evident, that all men ... are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." This established our nation in a natural law tradition charted by hundreds of authors going back several thousand years, but it has been lost to modern man for about the last hundred.

If natural law is the foundation of our legal system, where is it? This book shows that our law was based on the presumption of liberty. Government could pass any law to protect the general welfare of society, but no law could go beyond what was necessary to remedy the perceived harm, tailored for minimal infringement upon personal liberties. Absent harm, there could be no legislation. This protected the rights of individuals and society, and made us a free country. One Court explained:

"The individual should be granted all the rights consistent with public safety secured] by an authorized resort to the courts for their protection against all hostile legislation which is not required by considerations of the public health or safety. In the absence of such considerations those rights are alike immutable; in their presence they must alike yield." State v. Gravett, 62 NE 325 (1901).

We lost our liberties when we lost our resort to the courts. In the 1930s the Supreme Court replaced the presumption of liberty with the presumption of constitutionality, making Congress the judge of the constitutionality of its own laws, beyond review by the courts, thereby removing the requirement of necessity, changing our form of government and destroying our liberty by allowing numerous unnecessary laws to become a pestilence upon society.

We have several remedies. This book enumerates many of our God-given natural rights retained by the people that cannot be infringed by government, that we can use to populate the Ninth Amendment. We can follow natural law by using Religious Free exercise, and 96 Stat. 1211. Finally, we can waive our statutory rights to the protection of government in order to exercise rights prohibited by government "protecting" us, such as the prohibition of raw milk and the curing of disease.

Scholars of natural law agree that laws must not be arbitrary or unreasonable, and they must be based upon "right reason" in accord with mans nature, otherwise they are not laws at all and we have a right and duty to disobey. Learn the art of disobedience, the recommended and lawful remedy to tyranny from our natural law tradition.

Any effort to understand how law works has to take seriously its main players - judges. Like any performance, judging should be evaluated by reference to those who are its best exponents. Not surprisingly, the debate about what makes a 'great judge' is as heated and inconclusive as the debate about the purpose and nature of law itself. History shows that those who are candidates for a judicial hall of fame are game changers who oblige us to rethink what it is to be a good judge. So the best of judges must tread a thin line between modesty and hubris; they must be neither mere umpires nor demigods. The eight judges showcased in this book demonstrate that, if the test of good judging is not about getting it right, but doing it well, then the measure of great judging is about setting new standards for what counts as judging well.

Title: An introduction to the principles of morals and legislation /Publisher: British Library, Historical Print EditionsThe British Library is the national library of the United Kingdom. It is one of the world's largest research libraries holding over 150 million items in all known languages and formats: books, journals, newspapers, sound recordings, patents, maps, stamps, prints and much more. Its collections include around 14 million books, along with substantial additional collections of manuscripts and historical items dating back as far as 300 BC.The GENERAL HISTORICAL collection includes books from the British Library digitised by Microsoft. This varied collection includes material that gives readers a 19th century view of the world. Topics include health, education, economics, agriculture, environment, technology, culture, politics, labour and industry, mining, penal policy, and social order. ++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++ British Library Bentham, Jeremy; 1823 2 v.: ill., port; 22 cm. 526.l.21.

The Best Edition of this Classic History: A Comprehensive Legal History of England from the Anglo-Saxon Period through the 19th Century. Theodore Frank Thomas Plucknett 1897-1965] received his LL.B. from the University of Cambridge in 1920. He was a Fellow of the British Academy, Professor of Legal History, University of London, and Assistant Professor of Legal History at Harvard University. He was also the author of Early English Legal Literature (1958) and Edward I and Criminal Law (1960). "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate... Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law... In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." --Percy H. Winfield. Harvard Law Review 43 (1929-30) 339-340. " T]his book, comprehensive yet not elementary, clear yet inviting further study on the part of the reader, remains an excellent introduction to legal history and the study of law."-- Harvard Law Review 50 (1937-38) 1012. SELECTED CONTENTS BOOK ONE A General Survey of Legal History Part I The Crown and the State Part II The Courts and the Profession Part III Some Factors in Legal History Book TWO Special Part Part I Procedure Part II Crime and Tort Part III Real Property Part IV Contract Part V Equity Part VI Succession Index

The Best Edition of this Classic History: A Comprehensive Legal History of England from the Anglo-Saxon Period through the 19th Century. Theodore Frank Thomas Plucknett 1897-1965] received his LL.B. from the University of Cambridge in 1920. He was a Fellow of the British Academy, Professor of Legal History, University of London, and Assistant Professor of Legal History at Harvard University. He was also the author of Early English Legal Literature (1958) and Edward I and Criminal Law (1960). "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate... Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law... In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." --Percy H. Winfield. Harvard Law Review 43 (1929-30) 339-340. " T]his book, comprehensive yet not elementary, clear yet inviting further study on the part of the reader, remains an excellent introduction to legal history and the study of law."-- Harvard Law Review 50 (1937-38) 1012. SELECTED CONTENTS BOOK ONE A General Survey of Legal History Part I The Crown and the State Part II The Courts and the Profession Part III Some Factors in Legal History Book TWO Special Part Part I Procedure Part II Crime and Tort Part III Real Property Part IV Contract Part V Equity Part VI Succession Index

Our brain is a fractal structure that can grow thanks to some genes that contain a code, a formula that generates this structure. The basis of evolutionary sociology is that our brain will prompt behavior that is to the benefit of the spreading of our genes. Although people are unaware of it, they generally behave in ways that optimize the reproduction of their genes. Because they need resources from their environment (in the broadest sense of the word), they will show behavior that is conducive to procuring or securing as many resources as possible. To accomplish this mis-sion, people, being social animals, work together. The older parts of our brain (older in an evolutionary sense) make cooperation possible by means of emotion. The younger parts make it possible to formulate rules that reflect these emotions. In other words, these rules derive from factual, biological mechanisms. People experience these rules as "normative," and as "ethical," but even so, these rules are products of evolution. We, that is our brains, formulate them because they help our genes to spread. This, in a nutshell, is the biological theory of law as described in this book. Although philosophers of law and even sociobiologists are reluctant to concur that norms can be justified by biological mechanisms, this is what it takes to make a major step forward in the integration of biology, psychology, sociology, anthropology, and law. This book is a legalist's implicit answer to the ideas of Charles Darwin, Richard Dawkins, Richard Alexander, James Q. Wilson, Daniel Dennet, Matt Ridley, Frans de Waal, and other sociobiologists. By introducing fractals and important aspects of law, it further enhances our insights in human behavior. Free riders by heart use law to improve their reproduction, and thus feel happy.

Oliver Wendell Holmes, Jr. compiled this master work in 1881 from his famous lectures in Boston on the origins, reasoning, and import of the common law. "The life of the law has not been logic: it has been experience." It jump-started legal realism and established law as a pragmatic way to solve problems and make policy, not just a collection of rules. It has stood the test of time as one of the most important and influential studies of law and the development of legal rules. This book is interesting for a vast audience, and considered one of the most original books on U.S. law, for historians, students, political scientists, and those who follow the concept of rules. It is also a recommended read before law school. A new edition of Holmes' classic study of the judicial development of law. Includes 2010 Foreword by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Embeds correct footnote numbers and original page numbers for citing. Carefully reproduced from the original book but in a modern, readable format. Quid Pro's Legal Legends Series offers high-quality editions of legal scholarship, in print and digital formats. In addition, each book contains a scholar's new Foreword and biographical summary, to place the work in historical context and explain it to the reader.

Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition-the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx-appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of confl icts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfi ed with the lack of normative principles and have turned once more to natural law. This fi rst book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law.

A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications-decoding and demystifying it for the first time-to make it accessible to a new generation of readers. Features new Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started Legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience-including historians, students, and political scientists. It is also an often-recommended read before law school or in the 1L year. High quality edition from Quid Pro's Legal Legends Series. Paperback edition now in its second printing. Also available in hardcover and ebook formats.

This scarce antiquarian book is a selection from Kessinger Publishing's Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world's literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!

The essays in this volume were presented in honour of David Daube, a scholar of Roman and biblical law, on the hundredth anniversary of his birth. DAVID CAREY MILLER relates the events leading up to the centenary celebration. HECTOR L. MACQUEEN describes the decades-long friendship between Daube and T. B. Smith, professor in Aberdeen and Edinburgh. ROBERT A. SEGAL analyses Daube's defence of causation in biblical law as 'sophisticated' rather than 'primitive'. CALUM CARMICHAEL discusses the ritual of the red heifer in Numbers 19 and its relation to Jacob's 'red, red dish'. BERNARD JACKSON discusses the parable of the prodigal son, the legal ambiguities that attend the arrival of the returning son, and the significance of these ambiguities, especially to the relationship between historic Israel and the new church. WILLIAM M. GORDON recalls his time as an undergraduate attending Daube's classes in Roman law. ERNEST METZGER discusses Daube's lectures on the Roman law of sale, preserved in typescript. ALAN WATSON recalls his time as Daube's doctoral student, and later as his colleague. JONATHAN M. DAUBE gives a lively and personal account of his father.

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court
For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In "Packing the Court," he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century, and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasizes that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities. 'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship' - Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University. 'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism' - Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University. 'In this volume, Eve Darian-Smith offers a passionate, wide-ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1571, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways' - Jon Comaroff, University of Chicago.

The result of over twenty years of research The Spirit of the Laws encompasses a vast array of topics and issues. This groundbreaking work provides a comprehensive examination of some of the most important topics relating to liberty. These include constitutionalism, the separation of powers, the primacy of civil liberty and the rule of law, and the power of the local community in establishing political institut

In this book, Andrew Riggsby offers a survey of the main areas of Roman law, both substantive and procedural, and how the legal world interacted with the rest of Roman life. Emphasizing basic concepts, he recounts its historical development and focuses in particular on the later Republic and early centuries of the Roman Empire. The volume is designed as an introductory work, with brief chapters that will be accessible to college students with little knowledge of legal matters or Roman antiquity. The text is also free of technical language and Latin terminology. It can be used in courses on Roman law, Roman history, or comparative law, but it will also serve as a useful reference for more advanced students and scholars.

The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.>

The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included.

The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."
Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.

A decisive influence on sociological jurisprudence, legal realism and the general development of Anglo-American law in the twentieth century. Rejecting the reigning positivist ethos of the nineteenth century, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. This functionalist interpretation led to his radical conclusion that law was not discovered, but invented. This theme is announced at the beginning of Lecture I: The life of the law has not been logic: it has been experience. The Common Law was easily the most distinguished book on law by an American published between 1850 and 1900. Lawrence M. Friedman, A History of American Law It is a book of large proportions, from whichever side approached. (...)We cannot close without expressing again our admiration of a book which is so ingenious and so temperate; so rich in learning, thought, argument, and brilliant intuitions. American Law Review Holmes's] brilliant exposition, as effective on English scholarship and legal thinking as on American, of the true nature of law both as a development from the past and an organism of the present, blew fresh air into lawyer's minds encrusted with Blackstone and Kent. Percy Winfield, Chief Sources of English Legal History One of the greatest jurists of the twentieth century, Oliver Wendell Holmes, Jr. 1841-1935] was educated at Harvard College and Harvard Law School. Admitted to the Massachusetts Bar in 1867, he was equally active as a practitioner and scholar. He edited the American Law Review (1870-78), produced an edition of James Kent's Commentaries on American Law (1873) and delivered the lectures that formed the basis of The Common Law. Published in 1881, this book established Holmes's reputation. After teaching briefly at Harvard Law School he was appointed Associate Justice of the Massachusetts Supreme Judicial Court in 1882. Chief Justice of that court from 1899 to 1902, he was then appointed Associate Justice of U.S. Supreme Court, a position he held until the end of his life. Known as The Great Dissenter in the early years of his career because of his frequent opposition to the Court's conservatism, he went on to become of the most influential justices in its history. His opinions are cited frequently today and are highly esteemed for their intellectual depth and elegant composition.

There has existed the nave assumption that until the unsolicited advent of colonialism, the so-called "noble and savage" tribes had no legal system worthy of attention. The Igbo people were not exempted from this assumption. Justice itself cannot be realized outside a system of law and its institutions. It is a system in which law is a vital aspect of man's culture and social existence; embodying the collective will of the community and binding the members of that community in a unity of purpose. In all of these, the exercise of reason is essential and indispensable. In the face of the colonial and neo-colonial assumption of the non-existence of law, the evidence on the ground suggests something totally different. If anything, that evidence shows that the assumption was an essential part of the ideology of colonialism and an important psychological armour which, in conjunction with the Bible and gun-powder, helped to bring about the physical, political, economic, and mental domination of non-Europeans. In this book, an attempt is made to elucidate the logical features of some fundamental concepts and phrases related to justice, dispute settlement, and the organization of life and work in Igbo communities in Aniocha north local government area of Delta State.

Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.

The Common Law is a book about common law in the United states, including torts, property, contracts and crime, written by Supreme Court Justice Oliver Wendell Holmes, Jr. This classic is a must read for anyone wishing to understand American Common Law from an historical perspective. Simply one of the most important books ever written on American Law.

As the Baby Boomer generation ages and the sandwich generation is stressed between caring for children and caring for parents, questions are cropping up all across the nation: How can I protect the nest egg I've worked so hard to create? What happens to my assets if I die unexpectedly? Will I be able to afford long-term care?

In "Asset Protection Planning for Seniors," attorney Michael A. Babiarz shares numerous examples of the real-life problems that aging Americans face today.

This is not another confusing form book or technical manual. "Asset Protection Planning for Seniors" is a simple, helpful guide, filled with examples aimed at addressing the basic concerns of older Americans-you!

Stop worrying and start learning about: Nursing homes Medicaid planning Wills Trusts Probate Avoiding family problems Protecting inheritance Powers of attorney