The Ideal Element in Law by Deborah McClain

By Deborah McClain

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In that idea he has found a starting 63. Bartolus in The Conflict of Laws, transl. by Beale (1914). 64. Story, Commentaries on the Conflict of Laws, Foreign and Domestic (1834). 65. Savigny, System des heutigen römischen Rechts, vol. 8 (1849), English transl. by Guthrie as A Treatise on the Conflict of Laws (2 ed. 1880). 66. Pound, The Spirit of the Common Law (1921), 20–31. is there an ideal element in law? ~ 25 point for judicial and juristic reasoning which has come down from the Middle Ages and grown out of a medieval ideal.

112). The statute read: “. . ” The Supreme Court of Missouri changed the legislatively prescribed course of descent to fit its idea of an ideal socialpolitical theory. 35. , in Calder v. Bull, 3 Dall. ) 386, 388–89 (1798); Wilkinson v. Leland, 2 Pet. ) 627, 658 (1829); St. Louis v. 36 For more than a century this was so universally received and so completely established in American constitutional law that we may well say the ideal was formulated as a standard for judging of legislative and administrative action.

24 ~ the ideal element in law thoritative grounds of judicial decision which has endured as the basis of the legal system in half of the modern world. More than this it gave a basis for utilizing the juristic thought of any part of Christendom in any other. The reason of any law teacher anywhere, exerted upon the texts of the Roman law with reference to any legal problem of medieval Europe, was available to any jurist or any tribunal anywhere else when confronted with the same problem or one analogous.

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