Character of the conquerors as a source of their strength.
Contrasts between the two Empires: geographical position

of the ruling race

Fusion of Romans and provincials: no similar fusion of

English and Indians

Influence of Climate, of Colour, of Religion

Languages and literature in Roman Empire and in India
Influences which favoured fusion in Roman Empire absent
from India

Retroactive influences of the provinces on Rome and of

India on Britain

What the experience of the English in India has proved
Causes which overthrew the Roman Empire

Probable future of British power in India

ESSAY II

.

THE EXTENSION OF ROMAN AND ENGLISH LAW THROUGH-

OUT THE WORLD.

Geographical areas now covered by Roman and by English
Law

Extension of Roman Law by conquest

72-123

72

75

77

83

84

Methods of Legal Administration in the provinces

Gradual assimilation of Roman and Provincial Law

Establishment of one law for the Roman Empire

How the Romans were able to create an imperial law

Spread of Roman Law after the fall of the Western Empire

Diffusion of English Law over regions settled or conquered

Legal systems which the English found in India.

Policy followed by the English in dealing with Indian Law

Codification in India

88

89

94

97

100

Reciprocal action of English and Native Law on one another 106

Merits and working of the Anglo-Indian Codes

Roman Law in the Empire compared with English Law in

India

108

114

FLEXIBLE AND RIGID CONSTITUTIONS

Observations on the Constitutions of Rome and England

124-215

124

Strength and weakness of Flexible Constitutions.

Such Constitutions are rather elastic than unstable

Illustrations from the Constitutions of Rome and England

Dangers possibly inherent in Flexible Constitutions

Flexible Constitutions suited to aristocratic governments

Checks applied in Rome and in England

Influence of Constitutions on the mind of a nation

Illustrations from Rome and England

Capacity of Constitutions for Territorial Expansion

Enumeration of existing Rigid Constitutions

Circumstances under which Rigid Constitutions arise

Enactment and amendment of Rigid Constitutions

Various modes now in use for amending them

126

128

132

136

184

187

193

196

198

How far can Rigid Constitutions be definite or complete ?
Stability of Rigid Constitutions .

The interpretation of Rigid Constitutions

Contrast of Anglo-American doctrines with those of the

European Continent

American views as to Interpretation

Suitability of Rigid Constitutions to Democracies

Recent changes of opinion in the United States and England
Probable future of the two types of Constitution
Proposals for federalizing the British Constitution
Possible creation of new States and Constitutions

ESSAY IV

THE ACTION OF CENTRIPETAL AND CENTRIFUGAL FORCES

ON POLITICAL CONSTITUTIONS

The influence of aggregative and disjunctive forces on po-

litical societies

Tendencies which may act either Centripetally or Centrifu-

gally

Illustrations of the action of Racial and Religious sentiment 224

PAGE

In the progress of civilization, material interest and senti-

ment may be opposed

How Constitutions may use the existing Centripetal and

Centrifugal forces .

Illustrations from Commerce, Law and Religion.

.

Instances of the troubles caused by Racial or Religious sen-

timent

Methods by which Constitutions may disarm or regulate the

centrifugal forces illustrations

Difficulties due to differences of colour in races

How the Constitutions of the United States and Switzerland

have acted.

229

232

238

242

245

250

The Centripetal force generally, but not always, dominant

in European history

254

forces respectively.

Effects of Conquest and of Dynastic Succession

Probable future strength of the centrifugal and centripetal

Present tendency to the enlargement or consolidation of

States is not necessarily permanent

PRIMITIVE ICELAND

Discovery and Settlement of Iceland

Beginnings of a Polity: the Thing

Rise of the Goði or Priest-Chieftain

The first political constitution of the island.

Judicial organization and powers of the Althing

The Speaker of the Law

Thingvellir and the meetings of the Althing

General character of the Icelandic Republic

Growth and character of the law of Iceland

Complexity of the constitution and the law.

Sources of our knowledge of the law

Illustrations of features of the early law

An action for the ejectment of ghosts

The Judicial Duel: Story of Gunnlaug Snake's Tongue and
Helga the Fair

The introduction of Christianity

Reflections on the early history of Iceland

Fall of the Republic: subsequent fortunes of the isle.

Value of contemporary views of an institution

The Federalist: Alex. Hamilton and James Madison

The United States in A.D. 1788 .

Predictions of the opponents of the New Constitution.

Views of its supporters: dangers feared by them

Examination of the predictions of 1788

Characteristic merits and defects of American Democracy

only slightly foreseen

The Democracy in America of Alexis de Tocqueville

Merits and flaws in Tocqueville's study of the United States

His insufficient knowledge of England

His preoccupation with France

The deficiencies observable in his book scarcely affect its

present value.

PAGE

301-358

.

301

302

303

307

309

314

317

319

320

Condition of the United States in Tocqueville's day

His description of the salient features of the nation

Advantages which he conceives Democracy to have secured

Evils he discovers in American Democracy

Causes which in his view maintain Republican government 340

His forecasts the negroes: weakness of the Federal Union

Points omitted in his description .

Chief events in the United States since Tocqueville's time

Chief political changes of the last sixty-seven years

Examination of Tocqueville's predictions

General course of events in America since 1788

What Tocqueville would say to-day

Originality of the Constitutions of the two Dutch Republics 359

Circumstances under which they arose

361

Constitution of the Orange Free State .

364

Constitution of the South African Republic (Transvaal)

Observations on the Constitution of the South African Re-

Is it a Rigid or a Flexible Constitution? .

Controversy as to the so-called 'testing power'

The Constitution is certainly a Flexible one.

Observations upon both these Constitutions

Comparison of these Constitutions with that of Britain and

that of the United States

Relations of Executive and Legislature in these Dutch Re-

PAGE

375

378

379

380

383

Practical Working of the Constitution of the Orange Free

State

Working of the Constitution of the South African Republic 388

Postscript

387

389

ESSAY VIII

THE CONSTITUTION OF THE COMMONWEALTH OF AU-

STRALIA.

Interest attaching to the new Constitution of Australia

Origin and progress of the movement for federalizing Au-

Physical and racial conditions favouring Federation

Comparison with the conditions of the United States and of

Canada .

Two leading types of Federal Government

Distribution of powers between the Nation and the States

in the Australian Constitution

391-462

391

Position of the Australian States under the Constitution
Differences from the Federal systems of the United States
and of Canada

The National Government: few restrictions on its powers

The Legislature: Representation of the States in the Senate

The House of Representatives

The Executive

The Judiciary

Question as to Constitutional Appeals: the British Govern-
ment yield to Australian sentiment

Intended working of the scheme of Government: The