Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas |
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Page 19
... dence , is the most dangerous of snares in its infancy . Prohibitions and ordinances , originally confined , for good reasons , to a single description of acts , are made to apply to all acts of the same class , because a man menaced ...
... dence , is the most dangerous of snares in its infancy . Prohibitions and ordinances , originally confined , for good reasons , to a single description of acts , are made to apply to all acts of the same class , because a man menaced ...
Page 44
... dence of the Court of Chancery , which bears the name of Equity in England , could only be adequately discussed in a separate treatise . It is extremely complex in its texture , and derives its materials from several heterogeneous ...
... dence of the Court of Chancery , which bears the name of Equity in England , could only be adequately discussed in a separate treatise . It is extremely complex in its texture , and derives its materials from several heterogeneous ...
Page 67
... dence . The Equity of Rome , it should be understood , even when most distinct from the Civil Law , was always administered by the same tribunals . The Prætor was the chief equity judge as well as the great common law magistrate , and ...
... dence . The Equity of Rome , it should be understood , even when most distinct from the Civil Law , was always administered by the same tribunals . The Prætor was the chief equity judge as well as the great common law magistrate , and ...
Page 73
... dence had no claim to philosophical precision . It involved , in fact , one of those " mixed modes of thought " which are now acknowledged to have characterised all but the highest minds during the infancy of speculation , and which are ...
... dence had no claim to philosophical precision . It involved , in fact , one of those " mixed modes of thought " which are now acknowledged to have characterised all but the highest minds during the infancy of speculation , and which are ...
Page 76
... dence menaced by this peculiar danger of precocious maturity and untimely disintegration . It is cer- tainly doubtful whether the Romans were ever seriously threatened by it , but at any rate they had adequate protection in their theory ...
... dence menaced by this peculiar danger of precocious maturity and untimely disintegration . It is cer- tainly doubtful whether the Romans were ever seriously threatened by it , but at any rate they had adequate protection in their theory ...
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Common terms and phrases
Agnatic allodial ancient law archaic authority Cæsar Civil Law civilisation codes Comitia common conception condition Contract conveyance Court criminal dence descendants distinction doctrine duties earliest early Edict eldest Emphyteusis Empire England English epoch Equity Europe existence fact Fcap feudal fiction Greek Heir Hindoo ideas influence inheritance institutions juris jurisconsults jurists Jus Gentium Justinian kings Latin Law of Nature legal fictions legislation LORD Mancipi mankind ment mode modern moral Natural Law never Nexum notion Obligation observed origin ownership Patria Potestas patriarchal period person philosophy political Portrait possession Post 8vo Prætor primitive Primogeniture principle proprietary provinces Quasi-Contract question race relation remarkable res nullius Roman jurisprudence Roman law Roman lawyers Rome rules Second Edition seems slaves social society speculative supposed Testament Testamentary Testator Themistes theory Third Edition tion tribes Twelve Tables universal succession usage Vols Woodcuts
Popular passages
Page 5 - More Worlds than One. The Creed of the Philosopher and the Hope of the Christian.
Page 6 - BUNBURY'S (CJF) Journal of a Residence at the Cape of Good Hope ; with Excursions into the Interior, and Notes on the Natural History and Native Tribes of the Country.
Page 21 - LIVINGSTONE'S SOUTH AFRICA. Missionary Travels and Researches in South Africa ; including a Sketch of Sixteen Years' Residence in the Interior of Africa, and a Journey from the Cape of Good Hope to Loando on the West Coast ; thence across the Continent, down the River Zambesi, to the Eastern Ocean.
Page 170 - Contract. The word Status may be usefully employed to construct a formula expressing the law of progress thus indicated, which, whatever be its value, seems to me to be sufficiently ascertained. 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...
Page 21 - LEWIS' (SiR GC) Essay on the Government of Dependencies. Svo. 12s. Glossary of Provincial Words used in Herefordshire and some of the adjoining Counties.
Page 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...
Page 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.
Page 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.
Page 252 - 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.
Page 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.