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.
1903 Excerpt: ... I SHALL CONCLUDE WITH A of Maxims word or two on
Maxims, which are for centres having many doctrines revolving
around them. It becomes them, therefore, to be fixed and certain;
but, for my own part, I can think them of not much more use in law
than the proverbs of country people are in husbandry. Like " index
learning," they may "hold the eel of science by the tail," yet the
eel will find such means to wriggle that it were almost as well not
to restrain him in any way as to hold him by one end only. It is
magnificently declared by our law that there is no wrong without a
remedy; but, perhaps, it were as just to remark that no remedy is
given to him who has not a right to it. This manner of stating the
rule is not, however, so attractive as that which the law adopts.
It may often be imagined by litigants that they shall get what they
have no title to, because they read ubi jus, ibi remedium, as being
a complete proposition which does not negative there being some
remedium where there is no jus. And, indeed, it has often happened
that where one has shown himself in want of some remedial
treatment, which he cannot specify, the law has found Scintillae
that he has a right of some sort, and Juris then it follows from
the maxim that there must be given a solatium of one kind or
another. It might be thought that if one could devise a new means
of hurting another, it would be safe to exercise it; but, as you
will produce fruit by beating and bruising a walnuttree, so if you
do harm you will cause rights to spring up where before none were
to be found. Or, as Lord Holt beautifully has it, if men will
multiply injuries, actions must be multiplied too, for every man
that is injured ought to have his recompense. The maxim which,
though rarely quoted, most concerns a...
General Books LLC
|Country of origin:
Charles John Darling
||246 x 189 x 2mm (L x W x T)
||Paperback - Trade
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