Trade Unions And The Law In New York; A Study Of Some Legal Phases Of Labor Organizations

Paperback | February 4, 2012

byGeorge Gorham Groat

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905. Excerpt: ... CHAPTER V THE DEVELOPMENT OF THE LAW OF CONSPIRACY Although there is a difference in the legal theory of the origin of conspiracy in the English and in the American law, yet in its application by the courts of the two countries there has been no fundamental difference. Beginning, in England, with the statutes regulating trade organizations, conspiracy was held to be of statute law origin. At the close of the sixteenth century there began the development of the idea that as between the combination to do the criminal acts and the acts themselves, the gist of the conspiracy was in the agreement or combination; that even where the proposed acts were statutory offences the conspiracy to do them might be held and punished as a substantive crime at common law.1 Thus, at the time that the colonists in America were developing their law on English precedents, conspiracy was held to be a crime at'common law.1 In this way the common law came to be the basis for the early decisions in New York. Throughout the entire development of the court law, English decisions have been frequently cited and English legal authorities quoted in support of the attitude taken by the courts of the state. This attitude has not been one of entire dependence, however, for several cases show that distinctions were made because the statute laws of England had no binding force in America, and because the conditions prevailing in America demanded a different application.1 1 Wright, Law of Criminal Conspiracies, pp. 5-15. 1 For discussion of the common-law origin of conspiracy, see Carson, in Wright on Law of Criminal Conspiracies, p. 95; also, State v. Buchanan, Ct. of App. of Md., 5 Harris and Johnson (Md.), 317 (1821). 48 502 In the early history of the state there was no statute regulating ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905. Excerpt: ... CHAPTER V THE DEVELOPMENT OF THE LAW OF CONSPIRACY Although there is a difference in the legal theory of the origin of conspir...

Format:PaperbackDimensions:36 pages, 9.69 × 7.44 × 0.07 inPublished:February 4, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217407072

ISBN - 13:9780217407076

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