Studies in History and Jurisprudence, Količina 2

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Oxford University Press, American branch, 1901 - 926 strani
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Old Classification of Constitutions as Written and
60
Retroactive influences of the provinces on Rome and
64
THE EXTENSION OF ROMAN AND ENGLISH LAW THROUGH
72
Gradual assimilation of Roman and Provincial Law
83
Spread of Roman Law after the fall of the Western Empire
89
Legal systems which the English found in India
97
Codification in India
103
Roman Law in the Empire compared with English Law
114
English and Roman Law over the world
121
Proposed new classification
128
Origin of Flexible Constitutions
136
Such Constitutions are rather elastic than unstable
143
Dangers possibly inherent in Flexible Constitutions
152
Influence of Constitutions on the mind of a nation
158
Capacity of Constitutions for Territorial Expansion
164
Circumstances under which Rigid Constitutions arise
170
Various modes now in use for amending them
178
How far can Rigid Constitutions be definite or complete ?
184
The interpretation of Rigid Constitutions
193
In the progress of civilization material interest and senti
194
Recent changes of opinion in the United States and England
202
ESSAY III
214
How Constitutions may use the existing Centripetal
216
Present tendency to the enlargement or consolidation
242
the Thing
266
Judicial organization and powers of the Althing
274
General character of the Icelandic Republic
280
Sources of our knowledge of the
287
The introduction of Christianity
295
THE CONSTITUTION OF THE UNITED STATES AS SEEN
301
Predictions of the opponents of the New Constitution
307
Examination of the predictions of 1788
314
Merits and flaws in Tocquevilles study of the United States
320
Condition of the United States in Tocquevilles
328
Advantages which he conceives Democracy to have secured
337
Points omitted in his description
345
Summary of Tocquevilles conclusions
355
Circumstances under which they arose
361
Constitution of the South African Republic Transvaal
369
Is it a Rigid or a Flexible Constitution ?
375
Comparison of these Constitutions with that of Britain
383
Postscript
389
Causes which induced Federation
398
Comparison with the conditions of the United States and
406
in the Australian Constitution
413
few restrictions on its powers
419
The Judiciary
425
Provision against legislative deadlocks
431
Its highly democratic character
450
Indolence
467
Respective strength of these springs of Obedience
474
Sovereignty in a Federation
549
THE LAW OF NATURE
556
Nature as a force in human society
563
St Paul and the Greek philosophers on Natural
570
Growth of the idea of Natural Law among the jurists
578
MARRIAGE AND DIVORCE IN ROMAN AND IN ENGLISH
583
Senses in which the jurists use the term Nature
586
The Law of Nature and Law of God in the Middle Ages
593
Its relation to the Law of England
599
THE METHODS OF LEGAL SCIENCE
607
Errors in John Austins use of
614
The Comparative Method
621
What may be hoped for the future of democratic govern
638
primitive Christianity
644
Graduation Endowments
651
Causes of the arrested development of Musulman Univer
658
How Christianity avoided a similar identification
665
How they may best be applied to Legal Study
669
the Ruling Authority
674
Differences between the action of Roman and English Jurists
681
in what sense Lawmakers
687
Nature and Working of the Praetors Edict
693
Further observations on Praetorian methods
703
its method of legislating O
711
1
716
Direct legislation by the Emperor
720
ESSAY XIII
731
Reflections suggested by the history of English compared
739
ESSAY XV
745
Roman Legal History during the republican period
751
dissolution of the Empire in the West
757
The Reformation and the Civil
765
Diversity of the Law of Marriage in different countries
782
Causes now tending to weaken the permanence of
785
Transition to a freer system
789
Effects of Territorial Expansion on Roman and on English
798
Observations on the Constitution of the South African
803
Influence of Christianity on Imperial Legislation
811
jurisdiction of the Spiritual Courts
818
English law has wavered between different theories of
827
Divorce Laws in the United States
836
Comparison of the phenomena of Divorce in the Roman
842
Does the growth of Divorce betoken a moral decline
849
Influence of the Church and of the
856
Reflections on the early history of Iceland
914
INAUGURAL LECTURE
915
Differences in this respect between different peoples
918
sconomic influences more generally potent in England
919
VALEDICTORY LECTURE
926
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Stran 521 - judgement). For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power ? do that which is good, and thou shall have praise of the same; for he is the minister of God
Stran 559 - the law, are a law unto themselves ; which show the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the meanwhile accusing or else excusing one another 2
Stran 798 - him with his power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children, for whom the parent is also liable in some cases to answer. But this power of correction was confined within reasonable bounds, and the husband was prohibited from using
Stran 546 - realm, both the head and body. For every Englishman is intended to be there present, either in person or by procuration and attorney, of what pre-eminence, state, dignity, or quality soever he be, from the prince (be he King or Queen) to the lowest person of England, and the consent of the Parliament is taken to be every man's consent.
Stran 485 - which is good or evil in man at ripe years were to be under pittance, prescription and compulsion, what were virtue but a name— what praise could be then due to well-doing, what gramercy to be sober, just or continent?
Stran 846 - nations are doubtless raised out of the ruins of the Civil Law, as all governments are sprung out of the Roman Empire, it must be owned that the principles of our law are borrowed from the Civil Law, and therefore grounded upon the same reason in many things
Stran 306 - measures of our past administration ; that he is crafty and persevering in his objects ; that he is not scrupulous about the means of success, nor very mindful of truth ; and that he is a contemptible hypocrite. But, &c.' (Letter to James A. Bayard, Jan.
Stran 587 - Humanum genus duobus regitur, naturali videlicet iure et moribus. lus naturale est quod in lege et evangelio continetur, quo quisque iubetur alii faceré quod sibi vult fieri et prohibetur alii inferre, quod sibi nolit fieri. Unde Christus in Evangelio " Omnia quaecunque vultis ut faciant vobis homines, et vos
Stran 798 - parent is also liable in some cases to answer. But this power of correction was confined within reasonable bounds, and the husband was prohibited from using any violence to his wife aliter
Stran 116 - between the laws of different countries may in that department continue, or even that new divergences may appear. Still, on the whole, the progress of the world is towards uniformity in law, and towards a more evident uniformity than is discoverable either in the sphere of religious beliefs or in that of political institutions.

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