Ancient Law: Its Connection with the Early History of Society, and Its Relations to Modern IdeasJ. Murray, 1876 - 415 sayfa |
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Sık kullanılan terimler ve kelime öbekleri
Agnatic allodial ancient law appears archaic authority Civil Law civilisation claims codes Comitia common conception condition Contract conveyance Court Court of Chancery crimes criminal dence descendants distinction doctrine duties earliest early Edict eldest Emphyteusis Empire English epoch Equity Europe existence expression fact feudal fiction Greek Heir Hindoo ideas individual infancy influence inheritance institutions juris jurisconsults jurists Jus Gentium Justinian kings language Law of Nature legal fictions legislation mankind ment mode modern moral Natural Law never Nexum notion Obligation observed offences origin ownership particular Patria Potestas patriarchal peculiar period person philosophy political possession 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 Themistes theory tion tribes true Twelve Tables universal succession usage Western
Popüler pasajlar
Sayfa 169 - 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 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 170 - All the forms of Status taken notice of in the Law of Persons were derived from, and to some extent are still coloured by, the powers and privileges anciently residing in the Family. If then we employ Status, agreeably with the usage of the best writers, to signify these personal conditions only, and avoid applying the term to such conditions as are the immediate or remote result of agreement, we may say that the movement of the progressive societies has hitherto been a movement from Status to Contract.
Sayfa 125 - ... 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...
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 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.
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 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 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. 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 154 - 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.