Popular Law-making

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Ngôn Ngữ Nội Dung Sách
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Năm xuất bản
2004
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  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
  Taxation; The Police Power; Government by Commission; Noxious
  Trades, Signs, etc.; Modern Extensions of Police Power; Pure Food
  and Drug Laws; Prohibition Laws; Oleomargarine Laws; Examinations
  for Professions; Christian Science and Osteopathy; Trading Stamps
  and Department Stores; Usury Laws; Negotiable Instrument Laws;
  Bills of Lading and Warehouse Receipts; Sales in Bulk; Intestate
  Succession; Laws for Protection of Debtors; Mechanics' Lien Laws;
  Mortgage Foreclosures; Nuisances; The Buying of Futures; Tips and
  Commissions; Weights and Measures; Laws Against Middlemen.

  VIII. REGULATION OF RATES AND PRICES

            Laws Fixing the Rate of Wages; Wages in Public Work; Logic of
  Rate Regulation; The Granger Cases; Theory of Rate Regulation;
  Regulation by the States; Constitutional Difficulties of Rate
  Regulation; The Railway Rate Act of 1910; The Long and Short Haul
  Clause.

  IX. TRUSTS AND MONOPOLIES

            The Trusts at Common Law; The Sherman Act; State Laws Against
  Trusts; Federal Incorporation; Other Remedies of the States; Class
  Legislation and Organized Labor; Recent Decisions and Laws Against
  Trusts; Constitutional Provisions Against Trusts; Growth and
  Decline of Anti-Trust Legislation; Best Remedy for Trusts; Only
  Three Courses Possible; Centralization and Federal Control.

  X. CORPORATIONS

            History of Trading Corporations; Two Theories of Corporation Law;
  The Massachusetts Commissioners' Report; The Payment Up of Stock;
  The Massachusetts Law; The "Business Corporation" Act; Corporation
  Laws of All the States; Publicity and Other Remedies; Laws
  Regulating "Holding" Companies and Stock Ownership by
  Corporations; Corporations of Other States; States May Exclude;
  Summary of the Trust Question; Public Service Companies.

  XI. LABOR LAWS

            English Law Does not Enforce the Labor Contract; Freedom to
  Trade and Labor; Sources of Reform Legislation; Constitutional
  Difficulties; Minimum Wage Laws; The Rate of Wages in Public Work;
  Equal Wages for Women; The New York Constitutional Amendment;
  Hours of Labor Laws for Men; Hours of Labor Laws for Women;
  Prohibited Employments to Women; Hours of Labor of Children; Laws
  of All the States To-day; Hours of Labor in Factories, etc.; Child
  Labor Prohibited; Hours of Labor in Mines; Age Limit for Child
  Labor, Dangerous and Immoral Trades, Protection of Young
  Girls, Labor in Mines, Hours of Labor in Peculiar Trades, The
  Constitutional Difficulty, Farms and Domestic Labor, Continental
  Legislation, Sanitary Restrictions on Female Labor, Sweatshop
  Laws, The Factory Acts, Employers' Liability, Anti-Truck
  Legislation, Factory Stores and Dwellings, Benefit Funds and
  Compulsory Insurance, The Régime of Contract, Compulsory Labor and
  Peonage, Statutes Against Intimidation, Blacklists, Picketing,
  Armed Guards, Political and Militia Duties, Miscellaneous Matters,
  Profit-Sharing, etc., Discrimination Against Union Labor, Twenty
  Years of Labor Legislation, Foreign Labor Legislation, Employers'
  Liability, Old Age Pensions, Minimum Wage Laws, Co-operation and
  Profit-Sharing, Arbitration Laws, Labor Legislation in Europe.

  XII. COMBINATIONS IN LABOR MATTERS

            The Law of Combination and Conspiracy, Intent the Test, The
  English Conspiracy Act, Modern Reforms Desired by Organized Labor,
  Boycotts and Blacklists, Intimidation, Interference with Political
  Rights, The Oklahoma Labor Code, European Law of Combination.

  XIII. MILITARY AND MOB LAW, AND THE RIGHT TO ARMS

            The Right to Civil Law, Martial Law, Military Law, The Right to
  Arms, Military Service, The Struggle Against Martial Rule in
  England, Standing Armies, Mobs, Riots, Lynching, The Use of the
  Army in Labor Troubles,

  XIV. OF POLITICAL RIGHTS

            The Right to Assembly and Free Elections; The Suffrage, 28;
  The Force Bills; Interference with Voting; Bribery and Corrupt
  Practices; Lobbying Acts; The Form of the Ballot; Direct Primaries
  and Nominations; The Distrust of Representative Government;
  Corrupt Elections Laws; Direct Election of U.S. Senators; Women's
  Suffrage; Municipal Elections, The Initiative, Referendum, and
  Recall; The Judicial System.

  XV. OTHER LEGISLATION AFFECTING INDIVIDUAL RIGHTS

             Freedom of Speech and of the Press; The "Unfair" List; Prohibition of Anarchistic Propaganda; The Right to Privacy; Search Warrants and Self-Incrimination; Religious Rights.

  XVI. LEGISLATION CONCERNING PERSONAL AND RACIAL RIGHTS

            The Race Question; Races Capable of Citizenship; The War
  Amendments and Their Effect; The Negro's Social and Property
  Rights; The Privileged Classes.

  XVII. SEX LEGISLATION, MARRIAGE AND DIVORCE

             A Woman Is a Citizen; Her Right to Labor and Property; Marriage, Divorce, and Children; Women in Politics and Education; Reform of Divorce Procedure; Uniformity of Law in Divorce; The Secular Law in Sexual Matters; Marriage a Contract; The "Single Standard" and Free Divorce; Control of Marriage by the State; Recent Legislation; Radical Statutes in Sexual Matters; Legal Separation; The Married Woman's Privileges; The "Age of Consent"; Female Suffrage by Property-Owners; Kidnapping, Curfew, Rape; Statistics of Divorce; Industrial Liberty of Women; Female Labor in England and U.S.A.

  XVIII. CRIMINAL LAW AND POLICE

            Common Law Prevails; New Crimes and Penalties; Self-Regardant
  Actions; Reform in Punishment; Procedure in the Courts; Lynching
  and Mob Law; Interstate Commerce in Liquor, etc.; Physicians'
  Privilege; Prohibition Laws; City Ordinances; Juvenile Courts and
  Laws; Present Needs.

  XIX. OF THE GOVERNMENTAL FUNCTION, INTERNAL IMPROVEMENTS, AND THE PUBLIC DOMAIN

            Government by Commission; Taxes, Debt, and Franchises; Municipal
  Socialism; Internal Improvements; State Farms and Forests;
  Education; Taxation and State Aid; Present Questions.

  XX. FINAL

            The Form of Our Statutes; Need of Authorized Revisions; Reforms
  Recommended; Indexing and Arrangement; Need of a Parliamentary
  Draughtsman; Recommendations of the State Librarians; Purpose of
  this Book.

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