Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern IdeasJ. Murray, 1861 - 415 sayfa |
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Agnatic Alexander Severus allodial ancient law appear archaic authority Civil Law civilisation claims codes Comitia common conception condition Contract conveyance Court crimes criminal dence descendants distinct doctrine duties earliest early Edict eldest Emphyteusis Empire English epoch Equity Europe existence expression fact feudal fiction Greek Heir Hindoo ideas individual infancy influence inheritance institutions juris jurisconsults jurists Jus Gentium Justinian language Law of Nature legal fictions legislation mankind ment mode modern moral Natural Law never Nexum notion Obligation observed offences origin ownership particular Patria Potestas patriarchal peculiar period person philosophy political possession Prætor primitive Primogeniture principle proprietary punishment Quasi-Contract question race reason recognised relation remarkable res nullius Roman jurisprudence Roman law Roman lawyers Rome rules seems slaves social society speculative supposed Testament Testamentary Testator Themistes theory thought tion tribes true Twelve Tables universal succession usage Western
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Sayfa 170 - The word Status may be usefully employed to construct a formula expressing the law of progress thus indicated, which, whatever be its value, seems to me to be sufficiently ascertained. All the forms of Status taken notice of in the Law of Persons were derived from, and to some extent are still coloured by, the powers and privileges anciently residing in the Family. If then we employ Status, agreeably with the usage of the best writers, to signify these personal conditions only, and avoid applying...
Sayfa 82 - That an English writer of the time of Henry III. should have been able to put off on his countrymen as a compendium of pure English law a treatise of which the entire form and a third of the contents were directly borrowed from the Corpus Juris...
Sayfa 164 - In the sweat of thy face shalt thou eat bread till thou return to the ground," and allowed them to employ the leisure thus acquired in congenial pursuits. " The simple wish," says the author of Ancient Law, " to use the bodily powers of another person as the means of ministering to one's own ease or pleasure, is doubtless the foundation of slavery, and as old as human nature.
Sayfa 117 - And here no doubt lies the error which vitiates his system as a system. He greatly underrates the stability of human nature. He pays little or no regard to the inherited qualities of the race, those qualities which each generation receives from its predecessors, and transmits but slightly altered to the generation which follows it. It is quite true, indeed, that no complete account can be given of social phenomena, and consequently of laws, till due allowance has been made for those modifying causes...
Sayfa 123 - Sclavonians supplying the greater part of it ; and indeed the difficulty, at the present stage of the inquiry, is to know where to stop, to say of what races of men it is not allowable to lay down that the society in which they are united was originally organized on the patriarchal model.
Sayfa 168 - The movement of the progressive societies has been uniform in one respect. Through all its course it has been distinguished by the gradual dissolution of family dependency and the growth of individual obligation in its place. The individual is steadily substituted for the Family, as the unit of which civil laws take account...
Sayfa 95 - ... semi-popular opinions which were fashionable in France, and we cannot doubt that it was sympathy with the peculiar ideas of the French jurists which led him and the other colonial lawyers who guided the course of events in America to join the specially French assumption that "all men are born equal" with the assumption, more familiar to Englishmen, that all men are born free, in the very first lines of their Declaration of Independence.
Sayfa 304 - THERE are few general propositions concerning the age to which we belong which seem at first sight likely to be received with readier concurrence than the assertion that the society of our day is mainly distinguished from that of preceding generations by the largeness of the sphere which is occupied in it by Contract.
Sayfa 96 - ... it is the one which has been least strenuously assailed, which has most thoroughly leavened modern opinion, and which promises to modify most deeply the constitution of societies and the politics of states. The grandest function of the Law of Nature was discharged in giving birth to modern International Law...
Sayfa 122 - The effect of the evidence derived from comparative jurisprudence is to establish that view of the primeval condition of the human race which is known as the Patriarchal Theory.