Village-communities in the East and West; Six Lectures Delivered at Oxford to which are Added Other Lectures, Addresses and EssaysH. Holt, 1880 - 413 strani |
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ancient appears arable mark Aryan Aryan race assertion authority Bengal body Brahminical British Government Calcutta called Civil Code Codification common land Courts cultivation customary law customs domain doubt educated England English law English lawyers Englishmen enquiry Europe European exclusively existence fact feudal feudalisation Government of India hereditary Hindoo ideas importance Indian Evidence Act inference influence intellectual judge judicial juridical juris jurisprudence jurist knowledge land language law of evidence LECT LECTURE legislation Lord Mahometan Manorial group ment modern moral natives of India nature observation opinion organised origin ownership peculiar persons phenomena political practice primitive principles probably proprietary province question races recognised rent Revenue Roman law rules sense Settlement society soil sometimes Statute Sudder technical tenure Teutonic theory thought tion township true truth University University of Calcutta usage village village-community Western Western world writers written law
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Stran 339 - national intellect devoted to it, and the length of time during which it is so devoted. Now, a combination of all the causes, direct and indirect, which contribute to the advancing and perfecting of a science, continued to operate on the jurisprudence of Rome through the entire space between the Twelve Tables and the reform of
Stran 292 - is not because our own jurisprudence and that of Rome were once alike that they ought to be studied together—it is because they will be alike.} It is because all laws, however dissimilar in their infancy, tend to resemble each other in their maturity ; and because^ we in England are slowly, and perhaps unconsciously or unwillingly, but
Stran 293 - conceptions of legal principle to which the Roman jurisconsults had attained after centuries of accumulated experience and unwearied cultivation. The attempt, however, to explain at length why the flux and change which our law is visibly undergoing furnish the strongest reasons for studying a body of rules so mature and so highly refined
Stran 266 - statements which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry,' and to « documents produced for the inspection of the Court.' The improvement in phraseology thus effected is of much value. English lawyers
Stran 298 - the influence of Roman law on that department of thought with which both systems are concerned. The book of Grotius, though it touches questions of pure Ethics in every page, and though it is the parent, immediate or remote, of innumerable volumes of formal
Stran 340 - the earliest intellectual exercise to which a young nation devotes itself is the study of its laws. The first step in mental progress is to generalize, and the concerns of everyday life are the first to press for comprehension within general rules and inflexible formulas. The popularity of the pursuit on which all the energies of the young commonwealth are bent
Stran 27 - household, the utmost he can do, as a rule, is to regulate the disposition of his property among his children within certain very narrow limits. But the power of free testamentary disposition implies the greatest latitude ever given in the history of the world to the volition or caprice of the individual. Independently, however, of all questions of
Stran 53 - consequence. If I had to state what for the moment is the greatest change which has come over the people of India and the change which has added most seriously to the difficulty of governing them, I should say it was the growth on all sides of the
Stran 112 - influenced by the Benefices, grants of Roman provincial land by the chieftains of the tribes which overran the Roman Empire ; such grants being conferred on their associates upon certain conditions, of which the commonest was military service. There is also tolerably universal agreement that somewhere in Roman law (though where, all
Stran 74 - of such a township often take it upon them to grant feus of particular parts of the property thus possessed pro indiviso. The town of Lerwick is built upon a part of the commonty of Sound; the proprietors of the houses having feu-rights from different heritors of that township, but why