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acts adopted ancient appear archaic assumed authority became become belonged body called character civil claims codes common complete conception condition considered continued Contract course Court criminal descendants described distinct doubt duties early effect Empire English entirely equal Equity existence explain expression fact feudal followed founded give Greek hand ideas importance individual influence inheritance institutions Italy juris jurisconsults jurisprudence 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 law Rome rules seems separate slaves social society succession supposed term Testament theory thing thought tion true universal usage Western whole writers
Sayfa 129 - 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 contiguity — establishes itself for the first time as the basis of common political action.
Sayfa 133 - We must look on the family as constantly enlarged by the absorption of strangers within its circle, and we must try to regard the fiction of adoption as so closely simulating the reality of kinship that neither law nor opinion makes the slightest difference between a real and an adoptive connexion.
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 v- > on the degree of promptitude with which the gulf is narrowed.
Sayfa 22 - 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 31 - ... 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 that there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that, if such a rule be not discovered, it is only that the necessary patience, knowledge, or acumen is not forthcoming to detect it.
Sayfa 123 - It is to be noted, however, that the legal testimony comes nearly exclusively from the institutions of societies belonging to the Indo-European stock, the Romans, Hindoos, and 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 82 - III. should have been able to put off on his countrymen as a compendium of pure English law a tr^tise of which the entire form and a third of the contents were directly borrowed from the Corpus Juris, and that he should have ventured on this experiment in a country where the systematic study of the Roman law was formally proscribed, will always be among the most hopeless enigmas in the history...
Sayfa 49 - Jus Gentium was, in fact, the sum of the common ingredients in the customs of the old Italian tribes, for they were all the nations whom the Romans had the means of observing, and who sent successive swarms of immigrants to Roman soil.