Ancient Law; Its Connection with the Early History of Society, and Its Relation to Modern IdeasH. Holt, 1888 - 346 sayfa |
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Agnatic allodial ancient law archaic authority barbarian became ceremonial Civil Law civilisation claim codes Comitia common law conception condition Contract conveyance Court Court of Chancery crimes criminal descended distinction doctrine doubtless duties early Edict eldest Emphyteusis Empire English epoch Equity existing fact feudal fiction Greek Heir Hindoo ideas importance influence inheritance institution juris jurisconsults jurispru dence jurists Jus Gentium Justinian king land Law of Nature Legal Fictions legislation mankind ment mode modern moral moveables nations Natural Law never Nexum obligation offences origin ownership Patria Potestas patriarchal period person philosophy political possession Prætor primitive Primogeniture principle progress proprietary question race recognised relation Res Mancipi res nullius Roman jurisprudence Roman law Roman lawyers Rome rules sion slaves social society speculative statute supposed Testament Testamentary Testator Themistes theory tion transfer true Twelve Tables universal succession usage Western
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Sayfa xvii - to signify any assumption which conceals, or affects to conceal, the fact that a rule of law has undergone alteration, its letter remaining unchanged, its operation being modified.
Sayfa 124 - The history of political ideas begins, in fact, with the assumption that kinship in blood is the sole possible ground of community in political functions ; nor is there any of those subversions of feeling, which we term emphatically revolutions, so startling and so complete as the change which is accomplished when some other principle — such as that, for instance, of local contigwity — establishes itself for the first time as the basis of common political action.
Sayfa 54 - After Nature had become a household word in the mouths of the Romans, the belief gradually prevailed among the Roman lawyers that the old Jus Gentium was in fact the lost code of Nature, and that the Praetor in framing an Edictal jurisprudence on the principles of the Jus Gentium was gradually restoring a type from which law had only departed to deteriorate.
Sayfa 44 - All nations," says the Institutional Treatise published under the authority of the Emperor Justinian, " who are ruled by laws and customs, are governed partly by their own particular laws, and partly by those laws which are common to all mankind. The law which a people enacts is called the Civil Law of that people, but that which natural reason appoints for all mankind is called the Law of Nations, because all nations use it.
Sayfa 24 - 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. A general proposition of some value may be advanced with respect to the agencies by which Law is brought into harmony with society.
Sayfa 178 - ... is a member of a gens, house, or clan ; and lastly, he is a member of his family. This last was the narrowest and most personal relation in which he stood ; nor, paradoxical as it may seem, was he ever regarded as himself, as a distinct individual. His individuality was swallowed up in his family. I repeat the definition of a primitive society given before. It has for its units, not individuals, but groups of men united by the reality or the fiction of blood-relationship.
Sayfa 149 - Led by their theory of Natural Law, the jurisconsults had evidently at this time assumed the equality of the sexes as a principle of their code of equity.
Sayfa 120 - Pollock's ed.), p. 133. compendiously the characteristics of the situation in which mankind disclose themselves at the dawn of their history, I should be satisfied to quote a few verses from the Odyssey of Homer. . . . ' They have neither assemblies for consultation nor Themistes, but every one exercises jurisdiction over his wives and his children, and they pay no regard to one another.
Sayfa 23 - 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 177 - We saw one peculiarity invariably distinguishing the infancy of society. Men are regarded and treated, not as individuals, but always as members of a particular group. Everybody is first a citizen, and then, as a citizen, he is a member of his order — of an aristocracy or a democracy, of an order of patricians or plebeians...