The History and Principles of the Civil Law of Rome: An Aid to the Study of Scientific and Comparative Jurisprudence |
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Page vii
... written law . For this task , the terminology , the classification , and the logical analo- gies resorted to are invariably those of the law of Rome . I have placed before the reader of this treatise , in the most compendious form I ...
... written law . For this task , the terminology , the classification , and the logical analo- gies resorted to are invariably those of the law of Rome . I have placed before the reader of this treatise , in the most compendious form I ...
Page 5
... written and unwritten law actually came into being . This narra- tive of the formation of law can be to some extent isolated from the rest of the history , though even then not without perilous liability to error . The student need not ...
... written and unwritten law actually came into being . This narra- tive of the formation of law can be to some extent isolated from the rest of the history , though even then not without perilous liability to error . The student need not ...
Page 8
... written in the unsystematic form of prevalent text - books , isolated statutes or partial statutes , it is none the less impossible to comprehend the whole of the law , as finally republished , without reverting to the history of the ...
... written in the unsystematic form of prevalent text - books , isolated statutes or partial statutes , it is none the less impossible to comprehend the whole of the law , as finally republished , without reverting to the history of the ...
Page 9
... written in the beginning of the third century . In Justinian's time , —as will be seen hereafter in the historical review contained in the chapter on Procedure , the Prætor no longer existed as the chief judicial officer , and the ...
... written in the beginning of the third century . In Justinian's time , —as will be seen hereafter in the historical review contained in the chapter on Procedure , the Prætor no longer existed as the chief judicial officer , and the ...
Page 11
... written and un- written laws , ancient codes , and occasional statutes , or rather the mechanism of written legislation , have all to be exhibited successively and separately from each other . But , in fact , most of these sources of ...
... written and un- written laws , ancient codes , and occasional statutes , or rather the mechanism of written legislation , have all to be exhibited successively and separately from each other . But , in fact , most of these sources of ...
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Common terms and phrases
according acts agreement appeared appointed authority belonged called Canon law centumviri century civil law claims comitia comitia tributa condition consent constitution contract court creditors custom customary death debt debtor deceased Digest Diocletian dower emperor emphyteusis Empire enacted engagement fact father favour formal Gaius grounds guardian guardianship heir held imperial inheritance injuries Institutes interdict interest intestacy intestate intestate succession judge judicial juris Justinian's legacies legislation liable magistrate mancipatio manumission marriage matter ment modes nature obligation original owner Papinian parties partnership peculium period person pledge possession Præfect Prætor Prætor's Edict Prætorian prescription principles proceedings provinces purpose recognized remedy respect rights and duties rights of action rights of ownership Roman law rules Senatus consultum slave sort stipulatio succession testator Theodosian code Theodosius II things tion treatises trust Ulpian usufruct whole witnesses
Popular passages
Page 4 - and Paul, at the end of the second and the beginning of the third century, throw a clear light on the law of their day. The Gregorian
Page 409 - Ye may divorce your wives twice, and then either retain them with humanity, or dismiss them with kindness. . . . But if the husband divorce her a third time, she shall not be lawful for him again, until she marry another husband. But if he also divorce her, it shall be no crime in them if they return to each other.
Page 411 - And if a man's or woman's substance be inherited by a distant relation, and he or she have a brother or sister, each of them two shall have a sixth part of the estate; but if there be more than this number, they shall be equal sharers in a third part.
Page 429 - senate, all of them showing the same desire to make the pontifical a copy of the imperial office. The Pope is to inhabit the Lateran Palace, to wear the diadem, the collar, the purple cloak, to carry the sceptre, and to be attended by a body of chamberlains.
Page 410 - If ye fear that ye shall not act with equity towards orphans of the female sex, take in marriage of such other women as please you, two or three or four, and not more. . . . And
Page 451 - A king of England cannot, at his pleasure, make any alterations in the laws of the land, for the nature of his government is not only regal but political.
Page 410 - They who devour usury shall not arise from the dead, but as he ariseth whom Satan hath infected by a touch ; this shall happen to them because they say, Truly selling is but as usury: and yet God hath permitted selling and forbidden usury.
Page 430 - The notion which prevails throughout, that the chief of the religious society must be in every point conformed to his prototype, the chief of the civil, is the key to all the thoughts and acts of the Roman clergy; not less plainly seen in the details of
Page 451 - neither make any alteration or change in the laws of the realm, without the consent of the subjects, nor burden them against their wills with strange impositions.
Page 410 - But if it be a present bargain which ye transact between yourselves, it shall be no crime in you if ye write it not down. And take witnesses when ye sell one to another, and let no harm be done to the