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

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J. Murray, 1876 - 6 sayfa
 

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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 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 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 22 - In spite of overwhelming evidence, it is most difficult for a citizen of Western Europe to bring thoroughly home to himself the truth that the civilisation which surrounds him is a rare exception in the history of the world. The tone of thought common among us, all our hopes, fears, and speculations, would be materially affected, if we had vividly before us the relation of the progressive races to the totality of human life. It is indisputable that much the greatest part of mankind has never shown...
Sayfa 169 - Nor is it difficult to see what is the tie between man and man which replaces by degrees those forms of reciprocity in rights and duties which have their origin in the Family. It is Contract. Starting, as from one terminus of history, from a condition of society in which all the relations of Persons are summed up in the relations of Family, we seem to have steadily moved towards a phase of social order in which all these relations arise from the free agreement of Individuals.
Sayfa 273 - ... the history of Property. Of such expedients there is one which takes precedence of the rest from its antiquity and universality.' The idea seems to have spontaneously suggested itself to a great number of early societies, to classify property into kinds. One kind or sort of property is placed on a lower footing of dignity than the others, but at the same time is relieved from the fetters which antiquity has imposed on them. Subsequently, the superior convenience of the rules governing the transfer...
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. There is no doubt, of course, that this theory was originally based on the Scriptural history of the Hebrew patriarchs in Lower Asia; but, as has been explained already, its...

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