HKB
6 passages · search this phrase →
Often appears with: courts, trials, and pleading · justice as a virtue · judges and legal authority · custom and unwritten law · crime and punishment · wage measures and false scales · truck system · townships education funding · poor-law settlement by notice · money, coin, and credit · massachusetts supreme judicial court · landlords and forced submission
Usually: argument (4) · injustice endured (2) · detachment (2) · indignation (2) · skepticism (2) · description (1) · law or decree (1) · censure (1) · curiosity (1)
Engels argues coal miners are systematically cheated through the truck system, fines, manipulated scales, arrears, and exploitative contracts, with local Justices of the Peace effectively serving mine owners’ interests.
an infringement of the law was thus revealed. In single cases the employment of women may have been discontinued, but in general the old state of things remains as before. These are, however, not all the afflictions known to the coal miners. The bourgeoisie, not content with ruining the health of these people, keeping them in danger of sudden loss of life, robbing them of all opportunity for education, plunders the…
Tocqueville describes the English-inspired Justice of the Peace in America, appointed by the Massachusetts governor for seven-year terms, and the Court of Sessions that meets twice yearly to enforce obedience of public officers.
be in the exact ratio of the extension of elective offices: if these two institutions do not go hand in hand, the State must fall into anarchy or into subjection. It has always been remarked that habits of legal business do not render men apt to the exercise of administrative authority. The Americans have borrowed from the English, their fathers, the idea of an institution which is unknown upon the continent of Euro…
Adam Smith explains how the 3rd of William III tightened England’s poor-law “settlement” rules, making the forty-day notice-based settlement nearly impossible and then listing alternative settlement routes.
3d of William III. that the forty days residence should be accounted only from the publication of such notice in writing on Sunday in the church, immediately after divine service. "After all," says Doctor Burn, "this kind of settlement, by continuing forty days after publication of notice in writing, is very seldom obtained; and the design of the acts is not so much for gaining of settlements, as for the avoiding of…
Young describes specific practices of landlord violence and impunity in Ireland—punishing servants with beatings, controlling labor, and using justices of the peace—so that poor people lack legal protection.
habit of tyranny naturally contracts the mind, so that even in this polished age there are instances of a severe carriage towards the poor, which is quite unknown in England. A landlord in Ireland can scarcely invent an order which a servant, labourer, or cottar dares to refuse to execute. Nothing satisfies him but an unlimited submission. Disrespect, or anything tending towards sauciness, he may punish with his c…
He argues that because elected officials cannot be cashiered or promoted, New England relies on courts and judicial penalties, extending judicial control in proportion to elective offices, and he introduces justices of the peace as a practical administrative bridge.
Americans have borrowed from the English, their fathers, the idea of an institution which is unknown upon the continent of Europe: I allude to that of justices of the peace. The justice of the peace is a sort of *mezzo termine* between the magistrate and the man of the world, between the civil officer and the judge. A justice of the peace is a well-informed citizen, though he is not necessarily versed in the knowled…
Tocqueville explains that justices of the peace shape administration through semi-judicial oversight, while some local administrative wrongs are instead tried in courts like the supreme judicial court or court of common pleas.
In general the justices interfere in all the important acts of the administration, and give them a semi-judicial character. [83] I say the greater number because certain administrative misdemeanors are brought before the ordinary tribunals. If, for instance, a township refuses to make the necessary expenditure for its schools, or to name a school-committee, it is liable to a heavy fine. But this penalty is pronounce…