Kullanıcılar ne diyor? - Eleştiri yazın
Her zamanki yerlerde hiçbir eleştiri bulamadık.
Diğer baskılar - Tümünü görüntüle
Ancient Law: Its Connection with the Early History of Society and Its ...
Henry Sumner Maine
Metin Parçacığı görünümü - 1970
acts adopted ancient appears archaic assumed authority became become belonged body called civil claims codes common complete conception condition considered continued Contract course Court criminal descendants distinction doubt duties early effect Empire English entirely equal Equity exercise existence explain expression fact feudal followed founded give Greek hand ideas importance individual influence inheritance institutions Italy juris jurisconsults jurisprudence kings known land language later lawyers legislation less limited meaning mind mode moral Nature never notion object Obligation observed once origin particular period person political position possession practice Prætor present primitive principle probably progress question race reason regarded relation remarkable respect Roman jurisprudence Roman law Rome rules seems separate social society succession supposed term Testament theory thing thought tion true universal Western whole writers
Sayfa 252 - For, by the law of nature and reason, he, who first began to use it, acquired therein a kind of transient property, that lasted so long as he was using it, and no longer : or, to speak with greater precision, the right of possession continued for the same time only that the act of possession lasted.
Sayfa 31 - When a group of facts come before an English Court for adjudication, the whole course of the discussion between the judge and the advocates assumes that no question is, or can be, raised which will call for the application of any principles but old ones, or of any distinctions but such as have long since been allowed. It is taken absolutely for granted...
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.
Sayfa 7 - ... it is curious that, the farther we penetrate into the primitive history of thought, the farther we find ourselves from a conception of law which at all' resembles a compound of the elements which Bentham determined. It is certain that, in the infancy of mankind, no sort of legislature, nor even a distinct author of law, is contemplated or conceived of. Law has scarcely reached the footing of custom ; it is rather a habit. It is, to use a French phrase, "in the air.
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 169 - 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 32 - Yet the moment the judgment has been rendered and reported, we slide unconsciously or una vowedly into a new language and a new train of thought. We now admit that the new decision has modified the law. The rules applicable have, to use the very inaccurate expression sometimes employed, become more elastic. In fact they have been changed.
Sayfa 24 - With respect to them it may be laid down that social necessities and social opinion are always more or less in advance of Law. We may come indefinitely near to the closing of the gap between them, but it has a perpetual tendency to reopen. Law is stable ; the societies we are speaking of are progressive. The greater or less happiness of a people depends on the degree of promptitude with which the gulf is narrowed.
Sayfa 4 - As then, in the physical world, so in the moral. When a king decided a dispute by a sentence, the judgment was assumed to be the result of direct inspiration. The divine agent, suggesting judicial awards to kings or to gods, the greatest of kings, was Themis. The peculiarity of the conception is brought out by the use of the plural. Themistes, Themises, the plural of Themis, are the awards themselves, divinely dictated to the judge. Kings are spoken of as if they had a store of " Themistes " ready...