Ancient Law: Its Connection with the Early History of Society and Its Relation to Modern IdeasJ. Murray, 1887 - 415 sayfa In his preface, Maine defines his scope: "...the chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, & to point out the relation of these ideas to modern thought." |
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Sık kullanılan terimler ve kelime öbekleri
Agnatic allodial ancient law appear archaic authority Civil Law civilisation codes Comitia common conception condition Contract conveyance Court criminal Crown 8vo customs dence descendants distinction doctrine duties earliest early Edict Edition eldest Emphyteusis Empire English epoch Equity existence fact feudal fiction Greek Heir HENRY WACE Hindoo ideas infancy influence inheritance institutions juris jurisconsults jurists Jus Gentium Justinian king language Latin Law of Nature legal fictions legislation Mancipi mankind ment mode modern moral MURRAY'S LIST Natural Law never Nexum notion Obligation observed origin ownership Patria Potestas patriarchal peculiar period person philosophy political possession practice 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 Themis Themistes theory tion tribes true Twelve Tables universal succession usage
Popüler pasajlar
Sayfa 58 - 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 228 - For, by the law of nature and reason, he, who first began to use it, acquired therein a kind of transient property, that lasted so long as he was using it, and no longer : or, to speak with greater precision, the right of possession continued for the same time only that the act of possession lasted.
Sayfa 104 - 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 234 - Natural Law of the Romans, which differed principally from their Civil Law in the account which it took of individuals, and which has rendered precisely its greatest service to civilisation in enfranchising the individual from the authority of archaic society. 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. Even when the law of the State has succeeded in...
Sayfa 98 - 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. There is no doubt, of course, that this theory was originally based on the Scriptural history of the Hebrew patriarchs in Lower Asia; but, as has been explained already, its...
Sayfa 102 - 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 51 - Greek intellect, with all its mobility and elasticity, was quite unable to confine itself within the strait waistcoat of a legal formula ; and, if we may judge them by the popular courts of Athens, of whose working we possess accurate knowledge, the Greek tribunals exhibited the strongest tendency to confound law and fact.
Sayfa 144 - 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 280 - 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 3 - To revile them as merely fraudulent is to betray ignorance of their peculiar office in the historical development of law.