PAGE Defects in Imperial legislation Profusion and inferiority of legislation under the later Direct legislation in England: its history Advantages of Parliament and Congress for legislation 728 • 731 732 734 Reflections suggested by the history of English compared. 739 Some branches of law better fitted than others to be handled 741 Roman and English Law have both been developed in a Conspicuous epochs of legal change at Rome and in England 747 Roman Legal History during the republican period Rise of Christianity: dissolution of the Empire in the West 757 758 of changes in Roman Law. 761 Causes of legal change operative in England: the periods The Reform Act of 1832 and the Victorian Epoch Effects of Territorial Expansion on Roman and on English Economic influences more generally potent in England: 767 769 PAGE Private law is the branch least affected by political changes 778 ESSAY XVI MARRIAGE AND DIVORCE IN ROMAN AND IN ENGLISH LAW 782-859 Diversity of the Law of Marriage in different countries ancient Mediterranean World Early Marriage law of the Romans Later Marriage Law: nature of the personal relation it creates Relation of the Consorts as respects Property General character of the Roman Conception of Marriage: Roman doctrine and practice regarding Divorce Other Roman rules: prohibited degrees: Concubinatus 782 784 794 834 The English Law: jurisdiction of the Spiritual Courts Amendment of English Matrimonial Law by courts of Personal Liberty of the Wife now well established English law has wavered between different theories of the Statistics of Divorce in the United States: causes for which Illustrations from the Western Reserve' counties of Ohio 836 Causes now tending to weaken the permanence of the 846 849 852 Does the English Divorce Law need amendment? 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 come to prevail everywhere, except possibly in China, whose |