Selections On the Elements of Jurisprudence
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And, as I have already indicated, I employ these expressions only in the case of rights which avail against persons generally. The student might be apt to infer that "jus in rem" means a right over, in, or to a thing. He would be wrong. I do not say that the ideas are historically unconnected; but, however that may be, the phrase "i n rem ," as here used, denotes not the subject, but the compass of the right. It denotes that the right in question avails against persons generally, and not that t...he right in question is a right over a thing. For many of the rights which are rights in rem are either rights over Or to persons, or have no subject (person or thing)..
These two classes of rights are further distinguishable thus: The duties which correlate with rights in rem are always negative: that is to say, they are duties to f orbear or abstain . Of the obli- gations which correlate with rights in personam, some are negative, but som^e (and most) are positive; that is to say, obligations to do or perform.
What to read after Selections On the Elements of Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
And, as I have already indicated, I employ these expressions only in the case of rights which avail against persons generally. The student might be apt to infer that "jus in rem" means a right over, in, or to a thing. He would be wrong. I do not say that the ideas are historically unconnected; but, however that may be, the phrase "i n rem ," as here used, denotes not the subject, but the compass of the right. It denotes that the right in question avails against persons generally, and not that t...he right in question is a right over a thing. For many of the rights which are rights in rem are either rights over Or to persons, or have no subject (person or thing)..
These two classes of rights are further distinguishable thus: The duties which correlate with rights in rem are always negative: that is to say, they are duties to f orbear or abstain . Of the obli- gations which correlate with rights in personam, some are negative, but som^e (and most) are positive; that is to say, obligations to do or perform.
What to read after Selections On the Elements of Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
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