Property and Contract in Their Relations to the Distribution of Wealth, Volumen1Macmillan, 1914 - 995 páginas |
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Términos y frases comunes
accumulated Adam Smith American bundle of rights Bürgerliche Gesetzbuch capital Chap civilisation classes Commission common common law concept consider Constitution contract cultivation discussion distinction distribution of wealth economic eminent domain England English enjoyment erty exclusive exist fee simple forests Germany give idea illustration income individual institution interest Interstate Commerce Commission John Stuart Mill kind labour lease legislation limited means ment misuse nature nomic owner ownership person point of view police power Political Economy Polizeiwissenschaft possession present private prop private property production Professor property in land property rights protection public property public purposes railways recognised regard regulation rent right of property says secure sense side of private simply social side society statute Supreme Court surplus value taxation term theory of property things tion treatment United vate property Wisconsin writer
Pasajes populares
Página 228 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Página 227 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the Legislature, under the governing and controlling power vested in them by the Constitution, may think necessary and expedient...
Página 218 - persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State ; of the perfect right of the Legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Página 220 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Página 255 - Thus the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law.
Página 251 - If, therefore, the choice were to be made between Communism with all its chances, and the present state of society with all its sufferings and injustices; if the institution of private property...
Página 219 - We hold that the police power of a state embraces regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals or the public safety.
Página 448 - The people of the State, In their right of sovereignty, are declared to possess the ultimate property, in and to all lands within the jurisdiction of the State...
Página 148 - ... waste by one or more to the annihilation of the rights of the remainder. Hence it is that the legislative power, from the peculiar nature of the right and the objects upon which it is to be exerted, can be manifested for the purpose of protecting all the collective owners, by securing a just distribution, to arise from the enjoyment, by them, of their privilege to reduce to possession, and to reach the like end by preventing waste.
Página 227 - Government is nothing more than a national association; and the object of this association is the good of all, as well individually as collectively. Every man wishes to pursue his occupation, and to enjoy the fruits of his labours, and the produce of his property in peace and safety, and with the least possible expence.