The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 4Saunders and Benning, 1879 - Law |
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Page 2
Our object at present is to consider how the observance of the sailing rules on the
high seas can be best secured , and how the neglect of them , if it be the result of
carelessness or of wilfulness , may be most effectively punished . Under the ...
Our object at present is to consider how the observance of the sailing rules on the
high seas can be best secured , and how the neglect of them , if it be the result of
carelessness or of wilfulness , may be most effectively punished . Under the ...
Page 4
This result is brought about by what is termed an actio in rein , a tradition of the
ancient Roman law . It is totally opposed to the territorial theory of a ship , which
is of modern origin , and has been devised as a convenient fiction to explain the ...
This result is brought about by what is termed an actio in rein , a tradition of the
ancient Roman law . It is totally opposed to the territorial theory of a ship , which
is of modern origin , and has been devised as a convenient fiction to explain the ...
Page 5
... to property resulting from the neglect of those rules , should authorise the same
Courts to punish mariners , who transgress those rules and thereby bring about
the damage . The measure of punishment , however , in such cases ought not to
...
... to property resulting from the neglect of those rules , should authorise the same
Courts to punish mariners , who transgress those rules and thereby bring about
the damage . The measure of punishment , however , in such cases ought not to
...
Page 6
That great master of the common law of England , draws a wide distinction
between homicide with a purpose and homicide as a result ( ex eventu ) , and
according to this distinction homicide is either a felony or a misfortune . Our
ancestors ...
That great master of the common law of England , draws a wide distinction
between homicide with a purpose and homicide as a result ( ex eventu ) , and
according to this distinction homicide is either a felony or a misfortune . Our
ancestors ...
Page 9
Such a result , we venture to think , will not prove acceptable to British
shipmasters , nor to British mariners , if there be any weight in the following
observations , made alio intuitu , which we extract from the same leading London
journal ...
Such a result , we venture to think , will not prove acceptable to British
shipmasters , nor to British mariners , if there be any weight in the following
observations , made alio intuitu , which we extract from the same leading London
journal ...
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Bibliographic information
| Title | The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 4 |
| Contributors | Thomas Pitt Taswell-Langmead, Charles Henry Edward Carmichael, William Pinder Eversley, Sir Sherston Baker |
| Publisher | Saunders and Benning, 1879 |
| Original from | the University of Michigan |
| Digitized | 7 Dec 2011 |
| Export Citation | BiBTeX EndNote RefMan |