Self-help
“self-redress”
idea · 3 works · 3 mentions · 4 anchored passages
self-help · Distraint · extra-judicial redress · private reprisals · self-redress
spoken of as
1 expressionDistraint“self-help”1 mention
Dissertations on Early Law and Custom (English)
you, having received an injury, so far availed yourself of the primitive natural remedy of forcible reprisals that you used it, with the sufferance or under the control of the law, to compel your adversary to come into Court.
in the texts
Institutes of Roman Law
The private, extra-judicial exercise of force by a creditor against a debtor, later confined and eventually replaced by magistrate-supervised procedure.
Manus injectio seems to have had two meanings:
but self-redress was, as a general remedy, only tolerated when society was very loosely consolidated;
(1) Self-help, or redress of the plaintiff by his own act, when the creditor arrested the debtor privately by his own authority.
Dissertations on Early Law and Custom
The primitive legal remedy of forcible self-help later regulated by courts.
you, having received an injury, so far availed yourself of the primitive natural remedy of forcible reprisals that you used it, with the sufferance or under the control of the law, to compel your adversary to come into Court.
The tenderness of early judicial procedure to immemorial barbarism is shown by its partial recognition of the remedy which we call Distraint and the Germans ‘self-help,’ the remedy of private reprisals on the property of an adversary;
The Law of Torts
The category of extra-judicial remedy by which a party redresses a wrong through his own lawful act, such as retaking goods or abating a nuisance.
Remedies available to a party by his own act alone may be included, after the example of the long established German usage, in the expressive name of self-help.