Ancient Law: Its Connection with the Early History of Society and Its Relation to Modern IdeasH. Holt, 1888 - 400 sayfa |
Diğer baskılar - Tümünü görüntüle
Sık kullanılan terimler ve kelime öbekleri
adopted Agnatic ancient law archaic authority became ceremonial Civil Law civilisation claim codes Comitia common law conception condition Contract conveyance Court Court of Chancery crimes criminal descended distinction doctrine duties early Edict effect eldest Emphyteusis Empire English epoch Equity equity law existing fact feudal fiction formal Greek Heir Hindoo ideas infancy influence inheritance institutions juris jurisconsults jurispru dence jurists Jus Gentium Justinian land Law of Nature Legal Fictions legislation mankind ment mode modern moral nations Natural Law never nexum obligation offences origin ownership Pact Patria Potestas patriarchal peculiar period person philosophy political possession Prætor primitive Primogeniture principle progress proprietary question race relation Res Mancipi res nullius Roman jurisprudence Roman law Roman lawyers Rome rules sion Slave social society speculative statute Testament Testamentary Testator Themistes theory tion tribes true Twelve Tables universal succession usage
Popüler pasajlar
Sayfa 153 - 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 69 - 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 ix - Equity, meaning by that word any body of rules existing by the side of the original civil law, founded on distinct principles and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles.
Sayfa 111 - 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 148 - 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.
Sayfa 17 - It is not difficult to understand why fictions in all their forms are particularly congenial to the infancy of society. They satisfy the desire for improvement, which is not quite wanting, at the same time that they do not offend the superstitious disrelish for change which is always present. At a particular stage of social progress they are invaluable expedients for overcoming the rigidity of law...
Sayfa 13 - 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 106 - But, even if they gave more trouble than they do, no pains would be wasted in ascertaining the germs out of which has assuredly been unfolded every form of moral restraint which controls our actions and shapes our conduct at the present moment. The rudiments of the social state...
Sayfa 106 - The rudiments of the social state, so far as they are known to us at all, are known through testimony of three sorts — accounts by contemporary observers of civilisation less advanced than their own, the records which particular races have preserved concerning their primitive history, and ancient law.
Sayfa 252 - ... 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...