The Roman empire and the British empire in India. The extension of Roman and English law throughout the world. Flexible and rigid constitutions. The action of centripetal and centrifugal forces on political constitutions. Primitive Iceland. The Constitution of the United States as seen in the past. Two South African constitutions. The constitution of the commonwealth of Australia

Sprednja platnica
Clarendon Press, 1901
0 Recenzije
Mnenja niso preverjena, vendar Google preveri in odstrani lažno vsebino, ko jo prepozna.

Iz vsebine knjige

Mnenja - Napišite recenzijo

Na običajnih mestih nismo našli nobenih recenzij.

Vsebina

What may be hoped for the future of democratic government
33
Revenue and taxation of the two Empires
37
The disposition to obey will be permanent
41
Influences which favoured fusion in Roman Empire absent
42
Confusions regarding the term Sovereignty
49
Civil rights of conquerors and of subjects
51
Character of the conquerors as a source of their strength
59
Relations of Sovereignty de iure to that de facto
68
Influence of Climate of Colour of Religion
70
What the experience of the English in India has proved
76
Emperor and Pope
79
THE EXTENSION OF ROMAN AND ENGLISH LAW THROUGHOUT
85
Relation of Hobbes system to the events of his time
86
Methods of Legal Administration in the provinces
91
Gradual assimilation of Roman and Provincial
97
Rights in the moral sphere of Sovereignty de iure
98
How the Romans were able to create an imperial law
103
Sovereignty in International Relations
104
Diffusion of English Law over regions settled or conquered
113
Codification in India
120
Merits and working of the AngloIndian Codes
127
The Roman Law of the Nations Ius Gentium
128
Cicero on the Law of the Nations and Law of Nature
135
Practical identification of lus Gentium and lus Naturae
142
ESSAY III
145
Senses in which the jurists use the term Nature
148
The Law of Nature and Law of God in the Middle Ages
157
Origin of Flexible Constitutions
159
Its relation to the Law of England
164
Such Constitutions are rather elastic than unstable
168
Comparative quiescence of the idea in recent
170
German Naturrecht
174
Dangers possibly inherent in Flexible Constitutions
175
Flexible Constitutions suited to aristocratic governments
178
Errors in John Austins use of
180
Influence of Constitutions on the mind of a nation
185
The Comparative Method
186
Capacity of Constitutions for Territorial Expansion
193
comparison of their
199
Circumstances under which Rigid Constitutions arise
205
The Roman Jurists are philosophical in spirit
207
Differences in this respect between different peoples
215
Various modes now in use for amending them
217
Description of El Azhar and its Teaching
225
The interpretation of Rigid Constitutions
228
Causes of the arrested development of Musulman Universities
233
Suitability of Rigid Constitutions to Democracies
234
Identity of State and Church under Islam
240
Probable future of the two types of Constitution
242
Possible creation of new States and Constitutions
249
THE ACTION OF CENTRIPETAL AND CENTRIFUGAL FORCES
255
Changed position of the Jurists under the Empire
257
The influence of aggregative and disjunctive forces
262
Roman Treatises compared with English Reports
266
In the progress of civilization material interest and senti
269
The Praetor at Rome
273
Instances of the troubles caused by Racial or Religious
280
Praetorian Edicts compared with English CaseLaw
281
Further observations on Praetorian methods
287
Difficulties due to differences of colour in races
291
The first political constitution of the island
322
Difficulties incident to Parliamentary legislation
327
ESSAY XIV
328
General character of the Icelandic Republic
333
METHODS OF LAWMAKING IN ROME AND IN ENGLAND 247338
338
Roman and English Law have both been developed in a com
339
Sources of our knowledge of the
341
Roman Legal History during the republican period
345
Story of Gunnlaug Snakes Tongue
348
Effect on the law of the establishment of the imperial auto
350
Political events and External Influences are the chief sources
357
THE CONSTITUTION OF THE UNITED STATES AS SEEN
359
The Reform Act of 1832 and the Victorian Epoch
364
Predictions of the opponents of the New Constitution
366
Examination of the predictions of 1788
374
Private law is the branch least affected by political changes
377
The Democracy in America of Alexis de Tocqueville
381
Features generally characteristic of the institution in
383
His preoccupation with France
387
Transition to a freer system
389
The deficiencies observable in his book scarcely affect
390
Relation of the Consorts as respects Property
395
His description of the salient features of the nation
397
Roman doctrine and practice regarding Divorce
402
Advantages which he conceives Democracy to have secured
403
prohibited degrees Concubinatus
409
Points omitted in his description
413
Marriage under the Canon Law
416
Relations of the Consorts as respects Property under English
424
Summary of Tocquevilles conclusions
425
The Centripetal force generally but not always dominant
429
Personal Liberty of the Wife now well established
430
Circumstances under which they arose
432
Divorce under the Canon
433
58
439
Constitution of the South African Republic Transvaal
441
Illustrations from the Western Reserve counties of Ohio
446
Is it a Rigid or a Flexible Constitution
449
Divorce in modern European countries
453
Observations upon both these Constitutions
455
Does the growth of Divorce betoken a moral decline ?
461
Relations of Executive and Legislature in these Dutch
462
THE CONSTITUTION OF THE COMMONWEALTH OF Aus
468
Changes in Theory and in Sentiment regarding Marriage
469
63
475
Causes which induced Federation
477
Physical and racial conditions favouring Federation
483
Two leading types of Federal Government
489
few restrictions on its powers
501
Interest attaching to the new Constitution of Australia
502
VALEDICTORY LECTURE
504
The Executive and the Judiciary
509
BRYCE 1
513
Provision against legislative deadlocks
516
railways and rivers
522
INDEX
527
Comparison with that of the Dominion of Canada
528
Its highly democratic character
539
Probable prominence of Economic questions
547

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 362 - of the federal system to the great area of the Union, where 'society will be broken into so many parts, interests, and classes of citizens, that the rights of individuals or of the minority will be in little danger from interested combinations of the majority
Stran 514 - no alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing or otherwise altering the limits of the State, shall become law unless the majority of the electors voting in that State approve the proposed law
Stran 483 - which their local opinion did not approve. Section 107 provides that— ' Every power of the Parliament of a Colony which has become or becomes a State shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State
Stran 363 - 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 374 - the condition of France, and then proceeds to tell us that in America he went to seek the type of democracy—democracy pure and simple—in its normal shape. 'J'avoue que dans l'Amérique, j'ai vu plus que l'Amérique; j'y ai cherché une image de la démocratie ellemême, de ses penchants, de son caractère, de ses préjugés, de ses passions.
Stran 358 - 3. The Senate will become an oligarchy. Sitting for six years, and not directly elected by the people, it ' must gradually acquire a dangerous pre-eminence in the government, and finally transform it into a tyrannical aristocracy
Stran 374 - j'ai vu plus que l'Amérique; j'y ai cherché une image de la démocratie ellemême, de ses penchants, de son caractère, de ses préjugés, de ses passions.' Like Plato in the Republic, he begins by imagining that there exists somewhere a type or pattern of democracy, and as the American Republic comes
Stran 43 - Finance was the standing difficulty of the Roman as it is of the Anglo-Indian administrator. Indeed, the Roman Empire may be said to have perished from want of revenue. Heavy taxation, and possibly the exhaustion of the soil, led to the abandonment of farms, reducing the rent derivable from the land. The terrible
Stran 114 - 1 In Lithuania the rule was that where no express provision could be found governing a case, recourse should be had to 'the Christian laws.' Speaking generally, one may say that it was by and with Christianity that Roman law made its way in the countries to the east of Germany and to the north of the Eastern Empire.
Stran 336 - of Western Iceland. By Snorri's advice Kjartan and seven others with him went to the hall door and formally summoned Thorodd and his companions for trespassing within the house and causing men's deaths. Then they named a Door-Court (Dyradómr) and set forth the suits, following all the regular procedure as at a

Bibliografski podatki