I have endeavoured to bring up to date all references to recent events, so that when such events are mentioned the book may be taken to speak as from 1900 or 1901. As it is now nine years since I was obliged (when I entered Mr. Gladstone's Ministry in 1892) to intermit any minute study either of Roman or of English law, it is probable that the book may disclose an imperfect knowledge of facts and views given to the world during those nine years. Under these conditions I might have wished to keep the book longer before publishing it. But life is short. Some of the friends to whose comments and criticisms I had most looked forward while composing these Studies have already passed away. So it seemed better to let what I have written, under the constant pressure of other duties, go forth now. Among the friends whom I have to thank for information or suggestions are Professors A. V. Dicey, Sir F. Pollock, Henry Goudy, and Henry Pelham of Oxford, Sir Courtenay Ilbert (Parliamentary Counsel to the Treasury), Dr. C. L. Shadwell and Mr. Edward Jenks of Oxford, Dr. F. Sigel of Warsaw, and Mr. Jón Stefánsson of Iceland. The Index has been prepared by Mr. J. S. Cotton, to whom I am indebted for the care he has bestowed upon it. June 27, 1901. CONTENTS Creation by this process of a sort of unity of mankind Earlier effort of Rome to unify mankind Part borne by England in the work of ruling and civilizing The Colonies of England: the British Empire in India Position of Rome and England respectively in their Empires Origin of the British Indian compared with that of the Roman The Romans and English as Road and Railway Builders Success of both in maintaining internal order and security Variations in provincial administration in Roman Empire Revenue and taxation of the two Empires Employment of native subjects in civil and military posts Fusion of Romans and provincials: no similar fusion of 70 Influences which favoured fusion in Roman Empire absent Retroactive influences of the provinces on Rome and of India What the experience of the English in India has proved Methods of Legal Administration in the provinces Policy followed by the English in dealing with Indian Law. Reciprocal action of English and Native Law on one another. 124 Merits and working of the Anglo-Indian Codes FLEXIBLE AND RIGID CONSTITUTIONS Observations on the Constitutions of Rome and England Old Classification of Constitutions as Written and Unwritten Strength and weakness of Flexible Constitutions Such Constitutions are rather elastic than unstable. Flexible Constitutions suited to aristocratic governments Capacity of Constitutions for Territorial Expansion Circumstances under which Rigid Constitutions arise Recent changes of opinion in the United States and England 239 Probable future of the two types of Constitution THE ACTION OF CENTRIPETAL AND CENTRIFUGAL FORCES .255-311 255 The influence of aggregative and disjunctive forces on Tendencies which may act either Centripetally or Centrifugally 261 Influences of Interest and Sympathy Illustrations of the action of Racial and Religious sentiment. In the progress of civilization, material interest and senti- Effects of Conquest and of Dynastic Succession Probable future strength of the centrifugal and centripetal Present tendency to the enlargement or consolidation of Rise of the Goði or Priest-Chieftain . Thingvellir and the meetings of the Althing Value of contemporary views of an institution. The Federalist: Alex. Hamilton and James Madison • 359-429 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 . |