POPULAR LAW-MAKING A STUDY OF THE ORIGIN, HISTORY, AND PRESENT
TENDENCIES OF LAW-MAKING BY STATUTE BY FREDERIC JESUP STIMSON
PROFESSOR OF COMPARATIVE HARVARD U NOW, MY LORD, I DO THINK, THAT
PRACTICE AND USAGE IS A GREAT EVIDENCE OF THE LAW. CHIEF JUSTICE
HOLT, IN THE GREAT CASE OF MONOPOLIES. 7 STATE TRIALS, 497 LONDON
CHAPMAN HALL, LIMITED 1911 TABLE OF CONTENTS CHAPTER PAGE I. THE
ENGLISH IDEA OF LAW 1 Proper Field of Legislation, 2 Meaning of the
Word Law, 2 Modern Importance of Statute Law, 3 Representative
Government and the Right to Law, 3 Enforcement of the Common Law, 4
Origin of Representative Legislatures, 5 Custom ary or Natural Law,
6 No Sanction Necessary, 7 The Unwritten Law and Outlawry, 8 Early
Parliament Merely Judicial, 9 Contrast of Com mon Law with Roman
Law, 10 Theory that the King Makes Law, 11 Parliament Retains the
Right to Tax, 12 Parliament Recovers Leg islative Powers, 13, II.
EARLY ENGLISH LEGISLATION AND MAGNA CHARTA 15 Constructive
Legislation a New Idea, 15 Statutes Increase of Late Years, 16
Sociological Legisla tion only Considered, 1G Early Legislation
Politi cal, 17 English Law not Codified, 18 Early An glo-Saxon
Laws, 19 Freedom Gained in Guilds, 20 Threefold Division of
Government, 21 No Constitution Controls Parliament, 22 Resto ration
of English Law After the Conquest, 24 Taxation by Common Consent,
25 Earliest Social Statute, 25 Recognition of Personal Property, 25
Law of Land Tenure, 27 The Charter ti Liberties, 27 Early Methods
of Trial, 28 Dis tinction Between Sin and Crime, 29 Church Law
Governs Sin, 30 Important Clauses of Magna Charta, 32 Freedom of
Trade, 33 Taxation for vl CONTENTS CHAPTER PA jjf the Common
Benefit, 34 The Great LibertyClause, 35 Administrative Law not
English, 36 No Government Above Law, 37. III. RE-ESTABLISHMENT OF
ANGLO-SAXON LAW . 38 Common Law Against Civil Law, 39 We Are
Unwilling to Change the Laws of England, 40 Usury and the Jews, 41
Towns Represented in Parliament, 42 The Fixing of Prices, 43 Sumpt
uary Laws, 44 The Benefit of Clergy, 45 Partial Codification, 46
The Statute of Westminster I, 47 Law Extended to All People, 47
Labor Makes Men Free, 47 The Freedom of Elections, 47 Cruel and
Unusual Punishment, 48 Sexual Offences Made Secular Crimes, 48
Earliest Duties on Imports, 49 Early Duties on Wool, 49 The Law of
Wrecks, 50. IV. EARLY LABOR LEGISLATION, AND LAWS AGAINST RESTRAINT
OF TRADE AND TRUSTS 52 Extortion and Discrimination, 52
Forestalling, Re grating, Engrossing, 53 The Statute of Bakers, 54
Origin of Law of Conspiracy, 54 The Law of Combination, 55 The
Modern Definition, 56 Combinations Against Individuals, 57 Intent
Makes the Guilt, 59 Conspiracy More Heinous than the Act Committed,
59 Combinations to In jure Trade, 60 Individual Injuries to
Business, 61 Definition of Forestalling, 62 The Iowa Idea, 63 The
Statutes of Labor, 64 First Stat ute of Laborers, 65 A Fixed Wage,
66 Early Law of Strikes, 67 Early Law of Trades-Unions, 68 Labor
Conditions in Early Times, 69 Combi nations to Fix Prices, 70
Unlawful By-Laws of Unions, 70 Restraint of Trade, 70 The Right to
Labor, 71 The Earliest Boycott, 71 Origin of the Injunction in
Labor Cases, 74 The Common Law Vindicated, 75 Compulsory Labor in
Eng land, 76 Free Trade to Merchants, 77 Jealousy of Chancery
Power, 79 Guilds and Corporations, 79 CONTENTS vii PTES PAGE
Chancery and the Star Chamber, 80 By-Laws Tending to Monopoly,
81Hours of Labor Laws, 81 Idlers and Vagabonds, 82 Trusts and Labor
Combinations, 83 Riots and Assemblies, 84 The Statute of Elizabeth,
85 Early Labor Regulations, 85 The First Poor Law, 86 The First
Complaint of Monopolies, 86 Growth of Monopolies, 87 The Statute of
Monopolies, 88 The Impeachment of Monopolists, 89. V...
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