Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern IdeasJ. Murray, 1866 - 415 sayfa |
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Agnatic allodial ancient law appears archaic authority Canon Law CHAP Civil Law civilisation codes Comitia common conception condition Consensual Contracts conveyance Court crimes criminal dence descendants distinction doctrine duties earliest early Edict eldest Emphyteusis Empire English epoch Equity Europe existence expression fact feudal Greek Heir Hindoo ideas infancy influence inheritance institutions International Law juris jurisconsults jurisdiction jurists Jus Gentium Justinian kings Law of Nature legal fictions legislation mankind ment mode modern moral Natural Law never Nexum notion Obligation observed offences origin ownership Patria Potestas patriarchal peculiar period person philosophy political possession Prætor primitive Primogeniture principle proprietary punishment Quasi-Contract question race reason recognised relation Res Mancipi 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
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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 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 164 - 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 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 32 - ... been changed, A clear addition has been made to the precedents, and the canon of law elicited by comparing the precedents is not the same with that which would have been obtained if the series of cases had been curtailed by a single example. The fact that the old rule has been repealed, and that a new one has replaced it, eludes us, because we are not in the habit of throwing into precise language the legal formulas which we derive from the precedents, so that a change in their tenor is not easily...
Sayfa 304 - THERE are few general propositions concerning the age to which we belong which seem at first sight likely to be received with readier concurrence than the assertion that the society of our day is mainly distinguished from that of preceding generations by the largeness of the sphere which is occupied in it by Contract.
Sayfa 272 - ... conventionally higher. The history of Roman Property Law is the history of the assimilation of Res Mancipi to Res Nee Mancipi. The history of Property on the European Continent is. the history of the subversion of the feudalised law of land by the Romanised law of...
Sayfa 155 - I may describe it as amounting in law to a little more than a temporary deposit of the woman by her family. The rights of the family remained unimpaired, and the lady continued in the tutelage of guardians whom her parents had appointed and whose privileges of control overrode, in many material respects, the inferior authority of her husband. The consequence was that the situation of the Roman female, whether married or unmarried, became one of great personal and proprietary independence...
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.
Sayfa 20 - ... remotely like it. After one kind of food has been interdicted for sanitary reasons, the prohibition is extended to all food resembling it, though the resemblance occasionally depends on analogies the most fanciful. So again, a wise provision for insuring general cleanliness dictates in time long routines of ceremonial ablution; and that division into classes which at a particular crisis of social history is necessary for the maintenance of the national existence degenerates into the most disastrous...