A History of the Criminal Law of England, Том 3Macmillan, 1883 |
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Страница 3
... practice . The following is 1 Blackstone's account of the matter : " The rights , the powers , the duties , and the " privileges of ambassadors are determined by the law of " nature and nations , and not by any municipal constitutions ...
... practice . The following is 1 Blackstone's account of the matter : " The rights , the powers , the duties , and the " privileges of ambassadors are determined by the law of " nature and nations , and not by any municipal constitutions ...
Страница 19
... practice judges of the common law courts . 66 This passage is in many ways remarkable . It suggests a suspicion that in Admiralty cases torture may have been in use . It also throws light on what has already been said as to the contrast ...
... practice judges of the common law courts . 66 This passage is in many ways remarkable . It suggests a suspicion that in Admiralty cases torture may have been in use . It also throws light on what has already been said as to the contrast ...
Страница 38
... practice of the Spaniards , the Portuguese , the English , the Danes , and other nations , and , indeed , the very complaint of Grotius was , that the practice of the Portuguese was opposed to what he describes as the " jus gentium ...
... practice of the Spaniards , the Portuguese , the English , the Danes , and other nations , and , indeed , the very complaint of Grotius was , that the practice of the Portuguese was opposed to what he describes as the " jus gentium ...
Страница 39
... practice by CH . XVI . refusal to submit to them , and in theory by arguments , of which those of Grotius may be regarded as for practical pur- poses the earliest . Grotius maintained in general that the sea was free to all , but ...
... practice by CH . XVI . refusal to submit to them , and in theory by arguments , of which those of Grotius may be regarded as for practical pur- poses the earliest . Grotius maintained in general that the sea was free to all , but ...
Страница 62
... laws of war are mere practices usually observed between contending armies , but they impose , at most , moral and not legal duties . The difficulty arises when acts which are in their nature ACTS OF STATE IN TIME OF PEACE . 63 warlike.
... laws of war are mere practices usually observed between contending armies , but they impose , at most , moral and not legal duties . The difficulty arises when acts which are in their nature ACTS OF STATE IN TIME OF PEACE . 63 warlike.
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accessory answers authority benefit of clergy Bracton clergy Code Coke commission committed common law compulsion conduct conspiracy convicted crime criminal law death defendant definition disease doctrine doubt ecclesiastical courts Edward III effect enacted England English Erskine existence expression extradition fact felony foreign guilty Hale Henry Henry VIII heresy heretics high treason imprisonment indictment inflicted instance intention judges jurisdiction jury justice kill king king's law of England legislation liable Lord Lord Mansfield madness malice mania matter means melancholia mens rea ment mental mind misdemeanour moral motives murder nature observed offence opinion overt act Parliament particular passed person political practice principle prisoner prosecution provisions published punishment question referred regarded reign relating seditious libel sentence ship Star Chamber statute Strafgesetzbuch supposed tion trial verdict voluntary action words wrong XXIV
Популарни одломци
Страница 158 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Страница 343 - That, on every such trial, the jury sworn to try the issue may give a general verdict of Guilty or Not Guilty upon the whole Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Страница 69 - A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded...
Страница 225 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Страница 300 - ... any false news or tales, whereby discord, or occasion of discord, or slander may grow between the king and his people, or the great men of the realm ; and he that doth so, shall be taken and kept in prison, until he hath brought him into the court who was the first author of the tale.
Страница 163 - To establish a defence on the ground of insanity it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know that what he was doing was wrong.
Страница 48 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Страница 120 - Knowledge that the act which causes death will probably cause the death of, or grievous bodily harm to, some person, whether such person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused.
Страница 158 - ... not, as we conceive, so accurate when put generally and in the abstract, as when put with reference to the party's knowledge of right and wrong in respect to the very act with which he is charged.
Страница 149 - No act is a crime if the person who does it is at the time when it is done prevented [either by defective mental power or] by any disease affecting his mind ' (a) From knowing the nature and quality of his act, or ' (&) From knowing that the act is wrong [or ' (c) From controlling his own conduct, unless the absence of the power of control has been produced by his own default].