FOOTNOTES:
[108] "The most high and absolute power of the realm of England consisteth in the Parliament ... all that ever the people of Rome might do, either in centuriatis comitiis or tributis, the same may be done by the Parliament of England, which representeth and hath the power of the whole realm, both the head and the body." The Commonwealth of England, 1589, Book II, reprinted in Prothero, Select Statutes and Documents of Elizabeth and James I., Oxford, 1894, p. 178.
[109] 4 Inst. p. 36.
[110] Art. 63. Stubbs, p. 306.
[111] Art. 11. Stubbs, p. 527.
For years I have used my nose to smell with,
Have I then really a provable right to it?
[113] The idea of all individual rights of liberty being the product of state concession has been recently advocated by Tezner, Grünhuts Zeitschrift für Privat-und öffentliches Recht, XXI, pp. 136 et seq., who seeks to banish the opposing conception to the realm of natural right. The decision of such important questions can only be accomplished by careful historical analysis, which will show different results for different epochs,—that, for example, the legal nature of liberty is entirely different in the ancient state and in the modern. Legal dialectics can easily deduce the given condition with equally logical acuteness from principles directly opposed to one another. The true principle is taught not by jurisprudence but by history.
[114] Cf. more explicitly on this, Jellinek, loc. cit., pp. 43, 89 et seq.
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