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

739

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

741

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Roman and English Law have both been developed in a
comparatively independent way
745

Conspicuous epochs of legal change at Rome and in England 747

Forces and influences chiefly active in determining legal

changes .

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Roman Legal History during the republican period
Effect on the law of the establishment of the imperial auto-

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Rise of Christianity: dissolution of the Empire in the West 757
The decline in legal learning induced Codification
Political events and External Influences are the chief sources

758

of changes in Roman Law.

761

Causes of legal change operative in England: the periods

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Effects of Territorial Expansion on Roman and on English

Law

Economic influences more generally potent in England:

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767

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Private law is the branch least affected by political changes 778
Legal topics in which further advances may be looked for 779

ESSAY XVI

MARRIAGE AND DIVORCE IN ROMAN AND IN ENGLISH

LAW

782-859

Diversity of the Law of Marriage in different countries
Features generally characteristic of the institution in the

ancient Mediterranean World

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Early Marriage law of the Romans
Subordination of the Wife: the Hand Power' (Manus)
Transition to a freer system.

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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:

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Roman doctrine and practice regarding Divorce
Influence of Christianity on Imperial Legislation

Other Roman rules: prohibited degrees: Concubinatus
Marriage under the Canon Law

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782

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784

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794

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834

The English Law: jurisdiction of the Spiritual Courts
Relations of the Consorts as respects Property under Eng-
lish Law

Amendment of English Matrimonial Law by courts of
Equity and by Legislation

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Personal Liberty of the Wife now well established

English law has wavered between different theories of the

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Statistics of Divorce in the United States: causes for which
it is granted

Illustrations from the Western Reserve' counties of Ohio 836
Divorce in modern European countries
Comparison of the phenomena of Divorce in the Roman and

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Causes now tending to weaken the permanence of the
Marriage Tie

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846

849

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Does the English Divorce Law need amendment?
Changes in Theory and in Sentiment regarding Marriage. 856

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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

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