The Ancient Roman Empire and the British Empire in India: The Diffusion of Roman and English Law Throughout the World; Two Historical Studies |
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The Ancient Roman Empire and the British Empire in India: The Diffusion of ... Viscount James Bryce Bryce No preview available - 2016 |
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administration Afghanistan Africa aliens ancient world applied army Asia Minor became become began Britain British India century A. D. Christian cities citizenship Code codifying Acts colonies colour conquered conquerors conquest Council course Courts Crown districts dominions East Eastern Edict Emperor enacted England English in India English law Englishmen especially established European extension force France frontier fusion Gaul German governor Greek Hadrian Hindu Hinduism imperial influence instance Islam Italian Italy judges Justinian land language later law of England legislation less ment military Musulman nations native customs native law natural officials Parsis passed penal persons political population practically principles private civil rights provinces Quetta races regions religion religious Republic respect revenue Roman citizens Roman Empire Roman law Rome rulers rules Russia Sassanid dynasty South Spain square miles statutes subjects territories tion Trajan tribes Warren Hastings whole
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Page 97 - ... (a collection of imperial enactments published in AD 438) was however promulgated in the Western as well as in the Eastern part of the Empire, whereas the later Codex and Digest of Justinian, published nearly a century later, was enacted only for the East, though presently extended (by re-conquest) to Italy, Sicily, and Africa. Parts of the Theodosian Codex were embodied in the manuals of law made for the use of their Roman subjects by some of the barbarian kings. It continued to be recognized...
Page 78 - To England, however, apart from the particular events which might have created the snapping of the tie and apart from the possible loss of a market, severance from India need involve no lasting injury. To be mistress of a vast country, whose resources for defence need to be supplemented by her own, adds indeed to her frame but does not add to her strength.
Page 3 - ... seen in the diffusion of a civilization which is everywhere the same in its material aspects, and is tolerably uniform even on its intellectual side, since it teaches men to think on similar lines and to apply similar methods of scientific inquiry. The process has been going on for some centuries. In our own day it advances so swiftly that we can almost foresee the time when it will be complete. It is one of the great events in the history of the world. Yet it is not altogether a new thing. A...
Page 119 - ... points — was in no need of such general revision. Hence, as he put it, ' I redrew the whole of the first part'.3 It is to this first part of the Act that criticism on the score of draftsmanship has generally been directed. Lord Bryce, recalling opinions gathered by him in India in 1888-9, wrote: ' It was with regard to the merits of the Contract Code that the widest difference of opinion existed. Anyone who reads it can see that its workmanship is defective. It is neither exact nor subtle and...
Page 32 - a more obtrusive inconsistency," because it has come "not by the operation of a long series of historical causes, but by the sudden and little considered action of the American Republic itself, and because the American Republic has proclaimed, far more loudly and clearly than the English have ever done, the principle contained in the Declaration of Independence that the consent of the governed is the only foundation of all just government. The Americans will doubtless in time either reconcile themselves...
Page 2 - 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.
Page 51 - ... accordingly forced her faith upon all her subjects, and found no great resistance from the American peoples, though of course their Christianity seldom went deep, as indeed it remains to-day in many parts of Central and South America, a thin veneer over the ancient superstitions of the aborigines. Portugal did the like, so far as she could, in India and in Africa. So too the decrees by which the French colonizing companies were founded in the days of Richelieu provided that the Roman Catholic...
Page 132 - German tribes with rules worked out by the subtle, acute and eminently disputatious intellect of the Gallicized Norsemen who came to England in the eleventh century. It has been much affected by the elder system, yet it has retained its distinctive features and spirit, a spirit specially contrasted with that of the imperial law in everything that pertains to the rights of the individual and the means of asserting them. And it has communicated something of this spirit to the more advanced forms of...
Page 133 - The more any department of law lies within the domain of economic interest, the more do the rules that belong to it tend to become the same in all countries, for in the domain of economic interest Reason and Science have full play. But the more the element of human emotion enters any department of law, as for instance that which deals with the relations of husband and wife, or of parent and child, or that which defines the freedom of the individual as against the State, the greater becomes the probability...
Page 26 - Act of 1784, a Special Court, consisting of three judges, four peers, and six members of the House of Commons, was created for the trial in England of offences committed in India.