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CONTENTS.
INTRODUCTION.
Jurisprudence. Uses of the historical study of Roman Law. Historical and Analytical Jurists. Scheme of the present volume. Books referred to.
PART I. pp. 11-195.
THE DEFINITION AND ORIGIN OF LAW.
CHAPTER I.
Unconscious definition as shewn in early names of law.
CHAPTER II.
pp. 1-10
pp. 11-15
Early names of Law: Roman. Jus not jussum. True derivation of jus.
Early usage of jus. Judex and judicare. Summary. Jura. Jus=right.
Derivation of Jus right. Justus.
pp. 16-28
CHAPTER III.
Early names of Law: Roman (continued). Lex. Derivation of lex.
Lex publica, legare, lex mancipi. Summary as to lex and lex publica. Lex=
body of law.
pp. 29-40
CHAPTER IV.
Early names of Law: Greek. Antiquity of Hellenic literature. Oés.
θέμιστες. Summary. δίκη in early usage. Derivation of δίκη. νόμος Οι
Voubs. Conclusion.
pp. 41-58
CHAPTER V.
Early names of Law: Teutonic. Moeso-Gothic: Witoth. Early English
laws. æ, domas, asetnissa. ይ. Dom. Dom-boc. Domas and θέμιστες.
Law, lagu, laga. Lagu, "Common law." Common law from folc-riht.
Modern meanings of "common law." Conclusion.
CHAPTER VI.
pp. 59-76
Early names of Law: Right and Wrong. Austin's Right and Wrong.
Blackstone. Derivation of Right. Relation of Right to rex, &c. Derivation
of Wrong, &c. Right and Wrong. Summary. Droit and Tort. Right Law.
pp. 77-89
CHAPTER VII.
Unconscious definition: Summary. Pervading idea of Law. Austin's
Right and Law.
pp. 90-94
CHAPTER VIII.
Definitions of Law. Unsatisfactory character of Definitions. Chrysippus.
Demosthenes. Papinian, Bracton, Plato, Aristotle. Cicero. Modern defi-
nitions. Grotius. Hobbes. Austin.
pp. 95-105
CHAPTER IX.
Definition Law as a rule of human conduct. Blackstone. Montes-
quieu. Hooker. Austin. Ulpian. Generality of a rule. Capito. Black-
stone. Austin.
pp. 106-114
CHAPTER X.
Definition: Law as to the motive for obedience. An ulterior motive to
action. Motive, what? The Law of Nature. Austin's Law of Nature.
Philosophical Law of Nature. Paulus. Modern Emotional Intuitionism.
Grotius. Hobbes. Blackstone. Bentham's Physical Sanctions. Utilita-
rianism. Summary.
pp. 115-126
CHAPTER XI.
Definition: Law as to its Sanction. Grotius' Voluntary law. Grotius
compared with Hobbes and Blackstone. Law of God not law in the ordinary
Positive law, what? Sanction not remuneratory. Explanation of
the term Sanction. Conclusion.
sense.
pp. 127-134
CHAPTER XII.
Definition: Austin. Law proper, positive, and strictly so called. Positive
moral rules proper and improper. Conclusion. pp. 135-140
CHAPTER XIII.
Law, as between the Elements of a State. State or Nation. The Social
Contract: Grotius, Hobbes. The Family. From Family to Gens. Austin's
subordinate political society. General course of national or political associa-
tion. First common rules of conduct. The popular Assembly. The Council
and Judges. Sir H. Maine.
CHAPTER XIV.
pp. 141-156
Law, as between the Members of a State. What constitutes a State?
Sovereignty of all impossible. Sovereign not necessarily sole. Sovereignty
not primary or original. Analysts' definition good, for a fully formed State.
Origin of Legislation. Subdivision of Sovereignty. Definition of a State.
The objection to Austin's definition of Law. Customary and Constitutional
Law. Blackstone's Municipal Law. Conclusion. "Civil" or Municipal
Law. Ambiguous meaning of "Sovereign."
CHAPTER XV.
pp. 157-176
Law, as between States. International Law Ancient and Modern.
Amphictionies. Fetiales. Jus Gentium. Name of International Law.
Public and Private International Law. Law or not Law. Hobbes.
Grotius. Blackstone. Austin on International Law. Practical sanctions
of International Law.
pp. 177-187
CHAPTER XVI.
Definition of Law: Conclusion. The general object of Law. The Sanc-
tion of Opinion. Locke. Law in and between States. "Laws" of Honour
and Fashion.
pp. 188-195
PART II., pp. 196-394.
THE FORM OF LAW.
Source, Mode and Form. Austin's Sources and Modes. Written and
Unwritten Law. The "Modes in which Law begins and ends." Form of
Law.
pp. 196-201
Statute Law. English Statutes. Faults of classification by "Sources."
1. "Source" properly legislative. 2. Legislation by a judicial "Source."
Conclusion. Austin's Statute Law. Actual Enactment.
Promulgation.
Publication.
pp. 202-213
Case-Law: its general character, history and authority. Case or “ju-
diciary" Law. Authority of Case-Law with the Romans. Cicero. Digest.
Imperial Constitutions. Blackstone on the Rescripts. Authority of modern
Case-Law.
pp. 214-226
Special Characteristics of Case-Law: the Grounds of Judicial Decision.
Hale's Constituents of the Common Law. Application of existing rules.
Interpretation Authoritative or Doctrinal. Mode and means of Interpreta-
tion. Context. Ratio Legis. Intrinsic Merit. Spurious Interpretation.
Austin on Spurious Interpretation. Its history. The term Equity as
applied to Interpretation. The "Reason of the thing" or Equity. Pre-
cedents. pp. 227-246
Special characteristics of Case-Law: the Application of a Precedent.
Austin's Judiciary Law. Practical application of Precedents. Cessante
ratione legis, cessat lex ipsa. Analogy. Competition of opposite ana-
logies.
pp. 247-252