Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern IdeasJ. Murray, 1874 - 415 sayfa |
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Agnatic allodial ancient law appears archaic authority Civil Law civilisation claims codes Comitia common conception condition Contract conveyance Court Court of Chancery crimes criminal dence descendants distinction doctrine duties earliest early Edict eldest Emphyteusis Empire English epoch Equity Europe existence expression fact feudal fiction Greek Heir Hindoo ideas infancy influence inheritance institutions juris jurisconsults jurisdiction jurists Jus Gentium Justinian kings 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 res nullius Roman jurisprudence Roman law Roman lawyers Rome rules seems slaves social society speculative supposed Testament Testamentary Testator Themistes theory tion tribes true Twelve Tables universal succession usage Western
Popüler pasajlar
Sayfa 128 - The elementary group is the family, connected by common subjection to the highest male ascendant. The aggregation of families forms the gens, or house. The aggregation of houses makes the tribe. The aggregation of tribes constitutes the commonwealth.
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 128 - Romans may be taken as the type of them, and they are so described to us that we can scarcely help conceiving them as a system of concentric circles which have gradually expanded from the same point. The elementary group is the Family, connected by common subjection to the highest male ascendant. The aggregation of Families forms the Gens or House. The aggregation of Houses makes the Tribe. The aggregation of Tribes constitutes the Commonwealth.
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 258 - But Ancient Law, it must again be repeated, knows next to nothing of Individuals. It is concerned not with Individuals, but with Families, not with single human beings, but groups.
Sayfa 31 - With respect to that great portion of our legal system which is enshrined in cases and recorded in law reports, we habitually employ a double language and entertain, as it would appear, a double and inconsistent set of ideas.
Sayfa 273 - ... them. Subsequently, the superior convenience of the rules governing the transfer and descent of the lower order of property becomes generally recognised, and by a gradual course of innovation the plasticity of the less dignified class of valuable objects is communicated to the classes which stand conventionally higher. The history of Roman Property Law is the history of the assimilation of Res Mancipi to Res Nee Mancipi.
Sayfa 126 - It is full, in all its provinces, of the clearest indications that society in primitive times was not what it is assumed to be at present, a collection of individuals. In fact, and in the view of the men who composed it, it was an aggregation of families. The contrast may be most forcibly expressed by saying that the unit of an ancient society was the Family, of a modern society the Individual.
Sayfa 196 - Testamentary power in archaic communities. It is doubtful whether a true power of testation was known to any original society except the Roman. Rudimentary forms of it occur here and there, but most of them are not exempt from the suspicion of a Roman origin. The Athenian Will was, no doubt, indigenous, but then, as will appear presently, it was only an inchoate Testament.