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Articles : 11
Depuis : 24/09/2009

Articles à découvrir

Ancient Law by Henry Maine Chapter 2

Ancient Law by Henry Maine Chapter 2 Legal Fictions When primitive law has once been embodied in a Code, there is an end to what may be called its spontaneous development. Henceforward the changes effected in it, if effected at all, are effected deliberately and from without. It is impossible to suppose that the customs of any race or tribe remaine

Ancient Law by Henry Maine Chapter 9

Ancient Law by Henry Maine Chapter 9 The Early History of Contract There are few general propositions concerning the age to which we belong which seem at first sight likely to be received with readier concurrence than the assertion that the society of our day is mainly distinguished from that of preceding generations by the largeness of the sphere

Ancient Law by Henry Maine Chapter 8

Ancient Law by Henry Maine Chapter 8 The Early History of Property The Roman Institutional Treatises, after giving their definition of the various forms and modifications of ownership, proceed to discuss the Natural Modes of Acquiring Property. Those who are unfamiliar with the history of jurisprudence are not likely to look upon these "natural mod

Ancient Law by Henry Maine Chapter 7

Ancient Law by Henry Maine Chapter 7 Ancient and Modern Ideas Respecting Wills and Successions Although there is much in the modern European Law of Wills which is intimately connected with the oldest rules of Testamentary disposition practised among men, there are nevertheless some important differences between ancient and modern ideas on the subje

Ancient Law by Henry Maine Chapter 1

Chapter 1 Ancient Codes The most celebrated system of jurisprudence known to the world begins, as it ends, with a Code. From the commencement to the close of its history, the expositors of Roman Law consistently employed language which implied that the body of their system rested on the Twelve Decemviral Tables, and therefore on a basis of written

Ancient Law by Henry Maine 1861

Ancient Law by Henry Maine 1861 Preface The chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, and to point out the relation of those ideas to modern thought. Much of the inquiry attempted could not have been prosecuted with the slightest hope of a useful result if there h

Ancient Law by Henry Maine Chapter 5

Ancient Law by Henry Maine 1861 Chapter 5 Primitive Society and Ancient Law The necessity of submitting the subject of jurisprudence to scientific treatment has never been entirely lost sight of in modern times, and the essays which the consciousness of this necessity has produced have proceeded from minds of very various calibre, but there is not

Ancient Law by Henry Maine Chapter 6

Ancient Law by Henry Maine Chapter 6 The Early History of Testamentary Succession If an attempt were made to demonstrate in England the superiority of the historical method of investigation to the modes of inquiry concerning Jurisprudence which are in fashion among us, no department of Law would better serve as an example than Testaments or Wills.

Ancient Law by Henry Maine Chapter 3

Ancient Law by Henry Maine Chapter 3 Law of Nature and Equity The theory of a set of legal principles, entitled by their intrinsic superiority to supersede the older law, very early obtained currency both in the Roman state and in England. Such a body of principles, existing in any system, has in the foregoing chapters been denominated Equity, a te

Ancient Law by Henry Maine Chapter 4

Ancient Law by Henry Maine Chapter 4 The Modern History of the Law of Nature It will be inferred from what has been said that the theory which transformed the Roman jurisprudence had no claim to philosophical precision. It involved, in fact, one of those "mixed modes of thought" which are now acknowledged to have characterised all but the highest m