The Roman Civil Law: Introductory Lecture on the Study of the Roman Civil Law ...

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Hodges and Smith, 1851 - Roman law - 51 pages

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Page 46 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no farther than is for the general good of those under that law. Could they be happier without it, the law, as a useless thing, would of itself vanish; and that ill deserves the name of confinement which hedges us in only from bogs and precipices.
Page 34 - Lex est quod populus Romanus senatorio magistratu interrogante (veluti consule), constituebat.
Page 47 - Our first thoughts of law, before it becomes a matter of speculation with us, are connected with its restraints, not with the advantages derived from these restraints. As far as the law is from within, — the voice of God echoed in the human heart, — a principle co-existent with man, susceptible of new development with each advance of civilization, — it is a language pointing out our own duties, not suggesting to us the rewards which arise from their performance. As far as it is from without,...
Page 36 - ... labente deinde paulatim disciplina velut desidentes primo mores sequatur animo, deinde ut magis magisque lapsi sint, tum ire coeperint praecipites, donec ad haec tempora quibus nec vitia nostra nec remedia pati possumus perventum est.
Page 23 - Jus naturale est, quod natura omnia animalia docuit: nam jus istud non humani generis proprium, sed omnium animalium, quse in terra, quae in mari nascuntur, avium quoque commune est.
Page 34 - Plebiscitum est quod plebs, plebeio magistratu interrogante veluti tribuno, constituebat. Plebs autem a populo eo differt, quo species a genere. nam appellatione populi universi cives significantur, connumeratis etiam patriciis et senatoribus; plebis autem appellatione, sine patriciis et senatoribus ceteri cives significantur.
Page 46 - Jure, belli et pacis, or which, perhaps, is the better of the two, Puffendorf de Jure Naturali et gentium ; wherein he will be instructed in the natural rights of men, and the original and foundations of society, and the duties resulting from thence.
Page 47 - So that however it may be mistaken, the end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of laws, where there is no kw, there is no freedom.
Page 36 - He adverts to the earlier history as mingled with fable. He relates it as he has found it told, and leaves it to his reader to set what value he may on the old legends. He then passes to his truer purpose, and what he thinks of real moment: — " Ad ilia mihi pro se quisque acriter intendat animum quse vita, qui mores, fuerint ; per quos viros, quibusque artibus, domi militiseque et partum et auctum imperium sit.
Page 46 - ... the affairs and intercourse of civilized nations in general, grounded upon principles of reason,) understands Latin well, and can write a good hand, one may turn loose into the world, with great assurance that he will find employment and esteem everywhere.

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