Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern IdeasJ. Murray, 1861 - 415 páginas |
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Términos y frases comunes
Agnatic allodial ancient law appear archaic authority Canon Law CHAP Civil Law civilisation codes Comitia common conception condition Consensual Contracts conveyance Court crimes criminal dence descendants distinct doctrine duties earliest early Edict eldest Emphyteusis Empire English epoch Equity Europe existence expression fact feudal 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 organisation origin ownership Patria Potestas patriarchal peculiar period person philosophy political possession Prætor Prætorian 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 thought tion tribes true Twelve Tables universal succession usage Western
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Página 170 - 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.
Página 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...
Página 50 - Gentium was accordingly a collection of rules and principles, determined by observation to be common to the institutions which prevailed among the various Italian tribes.
Página 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...
Página 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 organised on the patriarchal model.
Página 3 - The inquiries of the jurist are in truth prosecuted much as inquiry in physics and physiology was prosecuted before observation had taken the place of assumption. Theories, plausible and comprehensive, but absolutely unverified, such as the Law of Nature or the Social Compact, enjoy a universal preference over sober research into the primitive history of society and law ; and they obscure the truth not only by diverting attention from the only quarter in which it can be found, but by that most real...
Página 28 - Equity, meaning by that word any body of rules existing by the side of the original civil law, founded on distinct principles and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles.
Página 132 - Whatever were the fact, all thought, language, and law adjusted themselves to the assumption. But though all this seems to me to be established with reference to the communities with whose records we are acquainted, the remainder of their history sustains the position before laid down as to the essentially transient and terminable influence of the most powerful Legal Fictions. At some point of time — probably as soon as they felt themselves strong enough to resist extrinsic pressure — all these...
Página 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...
Página 14 - At the present moment a rule of English law has first to be disentangled from the recorded facts of adjudged printed precedents, then thrown into a form of words varying with the taste, precision, and knowledge of the particular judge, and then applied to the circumstances of the case for adjudication.