cover image: Ancient Law. Its Connection with the Early History of Society and its Relations to Modern Ideas

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Ancient Law. Its Connection with the Early History of Society and its Relations to Modern Ideas

1901

The literature of the heroic age discloses to us law in the germ under the " Themistes " and a little more developed in the conception of " Dike." The next stage which we reach in the history of juriprudence is strongly marked and surrounded by the utmost interest. [...] The object of these fidonee " was of course to give jurisdiction and they therefore strongly resembled the allegations in the writs of the English Queen's Bench and Exchequer by which those Courts contrived to usurp the juris; diction of the Common Pleas :—the allegation that the defendant was in custody of the king's marshal or that the'plaintiff was the king's debtor and could not pay [...] Legislation the enactments of a legislature which Whether it take the form of an autocratic prince or of a parliamentary assembly is the assumed organ of the entire society is the last of the ameliorating istrumentalities. [...] The period of Roman freedom was the period during which the stamp of a distinctive character was ipressed on the Roman jurisprudence ; and through all the earlier part of it it was by the Responses of the jurisconsults that the development of the law was mainly carried on. [...] Still more recently and particularly at the middle and during the latter half of the eighteenth century the mixed systems of juriprudence and morals constructed by the publicists of the Low Countries appear to have been much studied by English lawyers and from the chancellorship of Dord Talbot to the commencement of Lord Eldon's chancellorship these works had considerable effect on the rulin
law
Pages
426
Published in
United Kingdom
SARF Document ID
sarf.145008
Segment Pages Author Actions
Frontmatter
i-xi Henry Maine view
Chapter I. Ancient Codes
1-20 Henry Maine view
Chapter II. Legal Ficitions
21-43 Henry Maine view
Chapter III. Law of Nature and Equity
44-72 Henry Maine view
Chapter IV. The Modern History of the Law of Nature
73-112 Henry Maine view
Chapter V. Primitive Society and Ancient Law
113-170 Henry Maine view
Chapter VI. The Early History of Testamentary Succession
171-214 Henry Maine view
Chapter VII. Ancient and Modern Ideas Respecting Wills and Successions
215-243 Henry Maine view
Chapter VIII. The Early History of Property
244-303 Henry Maine view
Chapter IX. The Early History of Contract
304-366 Henry Maine view
Chapter X. The Early History of Delict and Crime
367-400 Henry Maine view
Index
401-415 Henry Maine view

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