Proceedings of the Nebraska State Bar Association, Volume 9The Association, 1916 - Bar associations |
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A. G. Ellick ambulance chaser amendment American Bar Association appeal attorney attorney-at-law bill of exceptions Broken Bow Chairman Charles G Code commission Constitutional Convention Convention of 1875 County Bar Association County Court David City disbarment District Court duty enacted Fairbury favor Fremont George Grand Island H. H. Wilson honor J. J. Thomas James James Laird John N judge judgment jurisdiction Kearney law school lawyer legislature license Lincoln Lincoln liquor litigation maturity of law ment moral Motion seconded moved the adoption Nebraska City Nebraska State Bar North Platte O. A. Abbott Omaha Lincoln Omaha Omaha Omaha party Pawnee City pay or give person practice present President Secretary profession prohibited provision recommendation reward or thing Roscoe Pound rule Scottsbluff seconded and carried Section Slocumb social interest statutes strict law submitted Supreme Court tion W. M. Cain Wahoo WOLFENBARGER
Popular passages
Page 115 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 65 - This action by the Association was upon the recommendation of the Conference of Representatives of the American Bar Association and the various State and local Bar Associations which met on August 28, 1916, in Chicago. I shall be very glad if you will bring this provision before your State Bar Association and advise me of its action thereon.
Page 109 - Pound tells us, very simply, that "in no legal system, however minute and detailed its body of rules, is justice administered wholly by rule and without any recourse to the will of the judge and his personal sense of what should be done to achieve a just result in the case before him. Both elements are to be found in all administration of justice.
Page 100 - ... the person so intoxicated, or under the influence of liquor, whose acts or injuries are complained of, on that day or about that time when said acts were committed or said injuries received; and in an action for damages brought by a married woman, or other person whose support legally devolves upon a person disqualified by intemperance from earning the same, it shall only be necessary to prove that the defendant has given or sold intoxicating drinks to such person during the period of such disqualification.
Page 115 - Sometimes they go according to conscience, sometimes according to law, sometimes according to the rule of court. Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity.
Page 114 - ... from without. At Rome the Stoic philosophy, in England the ethical ideas of chancellors who were not common-law lawyers, in Continental Europe the philosophical ideas of political and juristic writers upon the law of nature were resorted to as liberalizing agencies, so that duty was put in place of remedy, reason was relied upon rather than strict rule, and attempt was made to identify the legal with the moral. In this stage the individual human being, as the moral unit, becomes also the legal...
Page 118 - We are not hesitating to impair the liberty of contract, demanded by nineteenth-century ideals of equality and freedom of individual self-assertion, and to extend to certain classes a protection against themselves in order to secure the social interest in the full moral and social life of every individual.
Page 116 - ... century. In this stage of maturity of law equality and security are the watchwords. To insure equality the maturity of law insists upon certainty and so upon rules. To insure security, it insists upon property and contract as fundamental ideas. Thus in some measure it reverts to the methods of the strict law. What the latter sought through a system of remedies, it seeks through a system of individual rights. Where the strict law sought to achieve certainty through inflexible rules, it seeks the...
Page 110 - On other occasions I have sought to generalize certain phenomena of legal history by referring the development of law to four stages and suggesting a fifth stage as the one upon which we are now entering. The first of these stages may be called primitive law. In this stage the religious, the moral and the legal are undifferentiated. Law plays a minor part in social control, seeking only to keep the peace by affording some peaceable substitute for private war. In this stage the state is relatively...
Page 116 - ... may call the fourth stage of legal development, which results from reaction from the identification of law and morals, the stage of maturity of law. Gradually men gave over the attempt to make law coincide with morals, to enforce over-high ethical standards and to make legal duties out of moral duties as a matter of course.