The Science of LawD. Appleton, 1896 - 417 ページ |
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action actual application ascertain becomes body called circumstances civil claims Code Napoléon codes conception condition considerations constitution contract courts of justice crime criminal law customs definite determined distinct easement elements England English law equity essential evidence exact executive Govern existence extent fact favour fraud Government groups human immediate consequences implies important individual injury institutions judge judicial laws of ownership legislation legislature liberty limits marriage matter meaning ment method mode modern moral muscular motion nature object obvious offence owner parties peculiar penalty permanent persons physical possession possible practice present presumptions primitive primitive community principles Private International Law properly punishment purpose of law QUASI-CONTRACTS recognized relations respect rights and duties rights of ownership Roman law rule of law Science of Law social society sort subordinate supreme political authority systems of law term things tion topic true whole wholly
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365 ページ - ... Twelve Tables of Rome \ were the most famous specimen. In Greece, in Italy, on the Hellenised sea-board of Western Asia, these codes all made their appearance at periods much the same everywhere, not, I mean, at periods identical in point of time, but similar in point of the relative progress of each community. Everywhere, in the countries I have named, laws engraven on tablets and published to the people take the place of usages deposited with the recollection of a privileged oligarchy.
230 ページ - At all events, when the Roman community conceived itself to be injured, the analogy of a personal wrong received was carried out to its consequences with absolute literalness, and the State avenged itself by a single act on the individual wrong-doer. The result was that, in the infancy of the commonwealth, every offence vitally touching its security or its interests was punished by a separate enactment of the legislature.
363 ページ - And in the world of law no less than in the physical world, every commotion and conflict of the elements has left its mark behind in some break or irregularity of the strata: every struggle which ever rent the bosom of society is apparent in the disjointed condition of the part of the field of law which covers the spot; nay, the very traps and pitfalls which one contending party set for another are still standing, and the teeth not of hyenas only but of foxes and all cunning animals are imprinted...
381 ページ - English common law is composed, a man were to represent it as being of no use. Confused, indeterminate, inadequate, ill-adapted, and inconsistent as, to a vast extent, the provision or no-provision would be found to be, that has been made by it for the various cases that have happened to present themselves for decision...