Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas

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C. Scribner, 1864 - 400 sayfa
 

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Sayfa xv - to signify any assumption which conceals, or affects to conceal, the fact that a rule of law has undergone alteration, its letter remaining unchanged, its operation being modified.
Sayfa 161 - 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 19 - It is indisputable that much the greatest part of mankind has never shown a particle of desire that its civil institutions should be improved since- the moment when external completeness was first given to them by their embodiment in some permanent record.
Sayfa 45 - Gentium was, in fact, the sum of the common ingredients in the customs of the old Italian tribes, for they were all the nations whom the Romans had the means of observing, and who sent successive swarms of immigrants to Roman soil.
Sayfa 77 - 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 23 - At a particular stage of social progress they are invaluable expedients for overcoming the rigidity of law and, indeed, without one of them, the Fiction of Adoption...
Sayfa 122 - The history of political ideas begins, in fact, with the assumption that kinship in blood is the sole possible ground of community in political functions ; nor is there any of those subversions of feeling, which we term emphatically revolutions, so startling and so complete as the change which is accomplished when some other principle — such as that, for instance, of local contiguity — establishes itself for the first time as the basis of common political action.
Sayfa 156 - The simple wish to use the bodily powers of another person as a means of ministering to one's own ease or pleasure is doubtless the foundation of Slavery, and as old as human nature. When we speak of the Slave as anciently included in the Family, we intend to assert nothing as to the motives of those who brought him into it or kept him there; we merely imply that the tie which bound him to his master was regarded as one of the same general character with that which united every other member of the...
Sayfa 5 - The only authoritative statement of right and wrong is a judicial sentence after the facts, not one presupposing a law which has been violated, but one which is breathed for the first time by a higher power into the judge's mind at the moment of adjudication.
Sayfa 117 - The flocks and herds of the children are the flocks and herds of the father, and the possessions of the parent, which he holds In a representative rather than in a proprietary character, are equally divided at his death among his descendants in the first degree, the eldest son sometimes receiving a double share under the name of birthright, but more generally endowed with no hereditary advantage beyond an honorary precedence.

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