Different Theories of the Nature of Political Obedience. The grounds of compliance in general: Indolence. Reason and Fear Respective strength of these springs of Obedience. What may be hoped for the future of democratic government Note on the application to the definitions of Jurisprudence of I-48 3334 ESSAY X THE NATURE OF SOVEREIGNTY Confusions regarding the term Sovereignty Sovereignty de iure and de facto must be distinguished Sovereignty de iure exists in the sphere of law only, and is not concerned with obedience Sovereignty de facto: concrete instances. Relations of Sovereignty de iure to that de facto The Roman doctrine of Sovereignty: the people are the Mediaeval views of Sovereignty: Emperor and Pope Views of John Austin: illustrations of their unsoundness are really distinct. Rights in the moral sphere of Sovereignty de iure and Conclusion: Theoretical Controversies regarding Sovereignty ESSAY XI It is different from modern conception of the Laws of Nature 117 Nature as a force in human society The term 'Natural' as applied to Customs and Laws Value and practical influence of the notion of Natural Law Its relation to the Law of England Its influence on the rise of International Law. ESSAY XII THE METHODS OF LEGAL SCIENCE. . 172-208 No Philosophy of Law among the Roman Jurists; is such a Philosophy necessary or serviceable? Four Methods employed in Legal Science The Comparative Method . Value of these four Methods respectively How they may best be applied to Legal Study Did the Romans suffer from having no general Philosophy of Merits observable in the Roman Jurists: comparison of their Differences in this respect between different peoples Description of El Azhar and its Teaching Course of Instruction: Graduation: Endowments. Causes of the arrested development of Musulman Universities 233 Nature and consequences of the Musulman identification of Identity of State and Church under Islam METHODS OF LAW-MAKING IN Rome and in EngLAND 247-338 Relations of the History of Law to the Constitutional or Three main sources of Law: the Ruling Authority, the Magistrate, and the Legal Profession PAGE 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. Praetorian Edicts compared with English Case-Law The Popular Assembly: its method of legislating Legislation by the Senate: its characteristics Direct legislation by the Emperor ESSAY XV Direct legislation in England: its history Advantages of Parliament and Congress for legislation. Difficulties incident to Parliamentary legislation Reflections suggested by the history of English compared with that of Roman legislation Effect on the law of the establishment of the imperial auto- Rise of Christianity: dis. olution of the Empire in the West. The decline in legal learning induced Codification . Political events and External Influences are the chief sources Causes of legal change operative in England: the periods of The Reformation and the Civil War. The Reform Act of 1832 and the Victorian Epoch The Law of Family and Inheritance at Rome and the Law of Effects of Territorial Expansion on Roman and on English Economic influences more generally potent in England: Observations on France and Germany Private law is the branch least affected by political changes Diversity of the Law of Marriage in different countries. Later Marriage Law: nature of the personal relation it creates 392 Relation of the Consorts as respects Property. 389 The English Law: jurisdiction of the Spiritual Courts Relations of the Consorts as respects Property under English |