Popular Law-making

Popular Law-making, by Frederic Jesup Stimson

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Title: Popular Law-making
Author: Frederic Jesup Stimson
Release Date: May 2, 2004 [EBook #12235]
Language: English
Character set encoding: ISO-8859-1
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POPULAR LAW-MAKING
A STUDY OF THE ORIGIN,
HISTORY, AND PRESENT TENDENCIES
OF LAW-MAKING BY STATUTE
BY
FREDERIC JESUP STIMSON
PROFESSOR OF COMPARATIVE LEGISLATION IN HARVARD UNIVERSITY
"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
1911

TABLE OF CONTENTS
I. THE ENGLISH IDEA OF LAW
Proper Field of Legislation; Meaning of the Word "Law,"; Modern Importance of Statute Law; Representative Government and the Right to Law; Enforcement of the Common Law; Origin of Representative Legislatures; Customary or Natural Law; No Sanction Necessary; The Unwritten Law and Outlawry; Early Parliament Merely Judicial; Contrast of Common Law with Roman Law; Theory that the King Makes Law; Parliament Retains the Right to Tax; Parliament Recovers Legislative Powers.
II. EARLY ENGLISH LEGISLATION AND MAGNA CHARTA
Constructive Legislation a New Idea; Statutes Increase of Late Years; Sociological Legislation only Considered; Early Legislation Political; English Law not Codified; Early Anglo-Saxon Laws; Freedom Gained in Guilds; Threefold Division of Government; No Constitution Controls Parliament; Restoration of English Law After the Conquest; Taxation by Common Consent; Earliest Social Statute; Recognition of Personal Property; Law of Land Tenure; The Charter of Liberties; Early Methods of Trial; Distinction Between Sin and Crime; Church Law Governs Sin; Important Clauses of Magna Charta; Freedom of Trade; Taxation for the Common Benefit; The Great "Liberty" Clause; "Administrative" Law not English; No Government Above Law.
III. RE-ESTABLISHMENT OF ANGLO-SAXON LAW.
Common Law Against Civil Law; "We Are Unwilling to Change the Laws of England;" Usury and the Jews; Towns Represented in Parliament; The Fixing of Prices; Sumptuary Laws; The Benefit of Clergy; Partial Codification; The Statute of Westminster I; Law Extended to All People; Labor Makes Men Free; The Freedom of Elections; "Cruel and Unusual Punishment"; Sexual Offences Made Secular Crimes; Earliest Duties on Imports; Early Duties on Wool; The Law of Wrecks.
IV. EARLY LABOR LEGISLATION, AND LAWS AGAINST RESTRAINT OF TRADE AND "TRUSTS"
Extortion and Discrimination; Forestalling, Regrating, Engrossing; The Statute of Bakers; Origin of Law of Conspiracy; The Law of Combination; The Modern Definition; Combinations Against Individuals; Intent Makes the Guilt; Conspiracy More Heinous than the Act Committed; Combinations to Injure Trade; Individual Injuries to Business; Definition of Forestalling; "The Iowa Idea"; The Statutes of Labor; First Statute of Laborers; A Fixed Wage; Early Law of Strikes; Early Law of Trades-Unions; Labor Conditions in Early Times; Combinations to Fix Prices; Unlawful By-Laws of Unions; Restraint of Trade; The Eight to Labor; The Earliest Boycott; Origin of the Injunction in Labor Cases; The Common Law Vindicated; Compulsory Labor in England; Free Trade to Merchants; Jealousy of Chancery Power; Guilds and Corporations; Chancery and the Star Chamber; By-Laws Tending to Monopoly; Hours of Labor Laws; Idlers and Vagabonds; Trusts and Labor Combinations; Riots and Assemblies; The Statute of Elizabeth; Early Labor Regulations; The First Poor Law; The First Complaint of Monopolies; Growth of Monopolies; The Statute of Monopolies; The Impeachment of Monopolists.
V. OTHER LEGISLATION IN MEDIAEVAL ENGLAND
The Statute of Mortmain; The Law Merchant; Origin of Habeas Corpus; Early Police Regulation; Opposition to Customs Duties; Interpretation of the Great Charter; Statute Against Chancery Jurisdiction; Early Tariffs on Wool; The English Language Replaces French; Freedom of Trade at Sea; Laws of the Staple; Early Food Laws Forbidding Trusts, etc.; The Statutes of Dogger; Department Stores and Double Trading; Freedom of Trade Restored; Jealousy of the Roman Law; Laws Against Scotch, Welsh, and Irish; Injunctions Issued Against Seduction; The First Statute of Limitations; Personal Government Under Henry VIII; Laws Against Middlemen; Final Definitions of Forestalling, Regrating, Engrossing; The First Poor Law and Forestry Law; The First Trading Corporations; The Heresy Statutes; James I, Legislation Against Sins; Cromwell's Legislation; The First Business Corporation; Corporations Invented to Gain Monopoly; Growth of the Trade Guilds; Veterans' Preference Legislation.
VI. AMERICAN LEGISLATION IN GENERAL.
Early Increase of State Legislation; The State Constitutions; When Statutes Should Be Unconstitutional; Effect of the Initiative and Referendum; The True Value of Precedent.
VII. AMERICAN LEGISLATION ON PROPERTY RIGHTS
Proper Classification of Statutes; Anarchism, Individualism, Socialism; Definition of Communism; Definition of Nationalism; Property a Constitutional Right; Not a Natural Right; Socialism Unconstitutional; Eminent Domain; What Are Public Uses; Irrigation, Drainage, etc.; Internal Improvements; Bounties; Exemptions from Taxation; Limits Upon Tax Rate; Income Taxes; Inheritance Taxes; License Taxes; Betterment Taxes; Double