The Continental Legal History Series, 4. cilt

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Little, Brown, & Company, 1918
 

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Sayfa vii - A lawyer without history or literature is a mechanic, a mere working mason ; if he possesses some knowledge of these, he may venture to call himself an architect.
Sayfa vii - I might instance in other professions the obligation men lie under of applying themselves to certain parts of History; and I can hardly forbear doing it in that of the Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious. A lawyer now is nothing more (I speak of ninetynine in a hundred at least), to use some of Tully's words, "nisi leguleiua quidem cautus, et acutus praeco actionum, cantor formularum, auceps syllabarum.
Sayfa vii - There will be none such any more, till, in some better age, true ambition, or the love of fame, prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession by climbing up to the vantage ground, so my Lord Bacon calls it, of science, instead of grovelling all their lives below, in a mean but gainful application to all the little arts of chicane.
Sayfa vii - ... so my Lord Bacon calls it— of science, instead of groveling all their lives below in a mean but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions; and, whenever it happens, one of the vantage-grounds to which men must climb is metaphysical, and the other historical, knowledge.
Sayfa vii - ... up to the vantage ground (so my Lord Bacon calls it) of Science, instead of grovelling all their lives below, in a mean but gainful application of all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions. And whenever it happens, one of the vantage grounds to which men must climb, is Metaphysical, and the other, Historical Knowledge. HENRY ST. JOHN, Viscount BOLINGBROKE, Letters on the Study of History (1739). Whoever...
Sayfa 738 - ... Herital Rights. The Testament. I. The Older Law. II. The Modern Law. (1) Form. (2) Content. (3) Joint testaments. The Executor. I. The Older Law. II. The Modern Law. § 110. Gifts "mortis causa" in the Old Law.1 (I) Adoption in the Prankish Law and the Lombard Herital Contract. — The very nature of the Germanic law of inheritance, as a law of kinship based exclusively upon blood relationship, necessarily wholly excluded, originally, testamentary dispositions of the estate. " Whoever, upon his...
Sayfa ix - CONTINENTAL LEGAL HISTORY SERIES GENERAL INTRODUCTION TO THE SERIES "ALL history," said the lamented master Maitland, in a memorable epigram, "is but a seamless web; and he who endeavors to tell but a piece of it must feel that his first sentence tears the fabric." This seamless web of our own legal history unites us inseparably to the history of Western and Southern Europe. Our main interest must naturally center on deciphering the pattern which lies directly before us, — that of the Anglo-American...
Sayfa xi - Scientific Congress; the American Institute of Criminal Law and Criminology; the Civic Federation Conference on Uniform Legislation; the International Congress of History; the libraries' accessions in foreign law, — the work of these and other movements touches at various points the bodies of Continental law. Such activities serve to remind us constantly that we have in English no histories of Continental law. To pay any attention at all to Continental law means that its history must be more or...
Sayfa vii - But there have been lawyers that were orators, philosophers, historians: there have been Bacons and Clarendons. There will be none such any more, till in some better age true ambition, or the love of fame, prevails over avarice; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground...
Sayfa 651 - ACQUEST-COMMUNITY prevailed in 1900 among a population of about ten millions ; particularly in the regions of the Franconian law, in parts of Hesse-Darmstadt and Electoral Hesse, in Nassau, Wetzlar, and Frankfort...

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