The Police Power of the State And Decisions Thereon As Illustrating the Developm
The Police Power of the State And Decisions Thereon As Illustrating the Developm
Alfred Russell
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23 24 GENERAL SCOPE OF THE POLICE POWER. ciety; and such is the popular conception of the power even now. Bentham says the word police is derived from the Greek and was imported into Eng- land from France, and that the idea belonging to it is too multifarious to be susceptible of any defini- tion; but he also classes the term as a division of criminal justice, yet includes in it regulations against selling poisons, for shutting inns at a certain hour at night, for exercising the professions of ...law and medicine only after passing certain examina- tions, as well as systems of espionage. In the time of Kent, the subject had not begun to assume its present proportions, and he devotes little attention to it. In the early English Keports, there are in- stances of the exercise of the police power, as now interpreted, but that phrase is not employed. For example, the judges of the King's Bench speak of in- juries sustained by individuals for the accommoda- tion or protection of the public, under acts of parlia- ment, such as relate to laying out turnpikes, pulling down houses for public defense, etc.
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