Slike strani
PDF
ePub

Three main sources of Law: the Ruling Authority, the

Magistrate, and the Legal Profession

PAGE

253

[ocr errors]

The Jurists as makers of Law in earlier times

Changed position of the Jurists under the Empire.

Differences between the action of Roman and English Jurists 261

Roman Treatises compared with English Reports.
Magistrates and Judges: in what sense Law-makers
The Praetor at Rome.

[ocr errors]
[ocr errors]
[merged small][ocr errors]
[ocr errors]
[ocr errors]
[merged small][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]
[ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

Profusion and inferiority of legislation under the later

[merged small][ocr errors][ocr errors]

Direct legislation in England: its history

Advantages of Parliament and Congress for legislation.
Strictures commonly passed on English and American
Statutes

Difficulties incident to Parliamentary legislation

Reflections suggested by the history of English compared
with that of Roman legislation

[ocr errors][ocr errors]
[ocr errors]

Some branches of law better fitted than others to be
handled by direct legislation

[ocr errors][merged small]
[ocr errors][merged small]
[merged small][merged small][merged small][ocr errors][merged small]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

Causes of legal change operative in England: the periods of
Henry II and Edward I.

The Reformation and the Civil War.

The Reform Act of 1832 and the Victorian Epoch

[ocr errors]
[ocr errors]

The Law of Family and Inheritance at Rome and the Law of
Land in England.

[ocr errors]
[ocr errors][ocr errors]

Effects of Territorial Expansion on Roman and on English
Law
Economic influences more generally potent in England:
political in Rome.

Observations on France and Germany

[merged small][merged small][merged small][ocr errors][merged small]
[ocr errors][merged small][merged small][merged small][ocr errors][ocr errors]

LAW

Diversity of the Law of Marriage in different countries.
Features generally characteristic of the institution in the
ancient Mediterranean World .

Early Marriage law of the Romans .

Subordination of the Wife: the 'Hand Power' (Manus)
Transition to a freer system

[ocr errors]

381-474

[ocr errors][ocr errors][merged small][merged small][ocr errors][merged small]
[merged small][merged small][ocr errors][merged small]
[ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small]
[merged small][merged small][ocr errors][ocr errors][merged small]
[merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors]

Causes now tending to weaken the permanence of the Mar-
riage Tie.

Does the growth of Divorce betoken a moral decline?
Influence of the Church and of the Law

Does the English Divorce Law need amendment? .
Changes in Theory and in Sentiment regarding Marriage

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

44I

[ocr errors][merged small]
[ocr errors]
[ocr errors]
[ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small]

I

THE ROMAN EMPIRE AND THE BRITISH EMPIRE IN INDIA

In several of the Essays contained in these volumes comparisons are instituted between Rome and England in points that touch the constitutions and the laws of these two great imperial States. This Essay is intended to compare them as conquering and ruling powers, acquiring and administering dominions outside the original dwelling-place of their peoples, and impressing upon these dominions their own type of civilization.

This comparison derives a special interest from a consideration of the position in which the world finds itself at the beginning of the twentieth century. The great civilized nations have spread themselves out so widely, and that with increasing rapidity during the last fifty years, as to have brought under their dominion or control nearly all the barbarous or semi-civilized races. Europe-that is to say the five or six races which we call the European branch of mankind-has annexed the rest of the earth, extinguishing some races, absorbing others, ruling others as subjects, and spreading over their native customs and beliefs a layer of European ideas which will sink deeper and deeper till the old native life dies out. Thus, while the face of the earth is being changed by the application of European science, so it seems likely that within a measurable time European forms of thought and ways of life will

[blocks in formation]

come to prevail everywhere, except possibly in China, whose vast population may enable her to resist these solvent influences for several generations, perhaps for several centuries. In this process whose agencies are migration, conquest, and commerce, England has led the way and has achieved the most. Russia however, as well as France and Germany, have annexed vast areas inhabited by backward races. Even the United States has, by occupying the Hawaiian and the Philippine Islands, entered, somewhat to her own surprise, on the same path. Thus a new sort of unity is being created among mankind. This unity is seen in the bringing of every part of the globe into close relations, both commercial and political, with every other part. It is seen in the establishment of a few world languages' as vehicles of communication between many peoples, vehicles which carry to them the treasures of literature and science which the four or five leading nations have gathered. It is seen in the diffusion of a civilization which is everywhere the same in its material aspects, and is tolerably uniform even on its intellectual side, since it teaches men to think on similar lines and to apply similar methods of scientific inquiry. The process has been going on for some centuries. In our own day it advances so swiftly that we can almost foresee the time when it will be complete. It is one of the great events in the history of the world.

Yet it is not altogether a new thing. A similar process went on in the ancient world from the time of Alexander the Macedonian to that of Alaric the Visigoth. The Greek type of civilization, and to some extent the Greek population also, spread out over the regions

« PrejšnjaNaprej »