Introduction to Roman Law: In Twelve Academical Lectures |
From inside the book
Results 1-5 of 26
Page 12
... judges like Mansfield , Scott , Marshall , and Story ; and placing them together in an arrangement which , if not altogether scientific , should be , at least , practically convenient , natural , and easily compre . hended . A digest ...
... judges like Mansfield , Scott , Marshall , and Story ; and placing them together in an arrangement which , if not altogether scientific , should be , at least , practically convenient , natural , and easily compre . hended . A digest ...
Page 41
... judges had both the disposition and the ability to give effect to the principles of the Roman law in the tribunals over which they presided . The inferior courts could not easily hold out against the pressure brought to bear upon them ...
... judges had both the disposition and the ability to give effect to the principles of the Roman law in the tribunals over which they presided . The inferior courts could not easily hold out against the pressure brought to bear upon them ...
Page 47
... judges could have made shift to en- large the scope of old principles or to devise new ones , so as to meet the demands of each case as it arose . But in the civil law , they found ready to their hand a store of such principles ...
... judges could have made shift to en- large the scope of old principles or to devise new ones , so as to meet the demands of each case as it arose . But in the civil law , they found ready to their hand a store of such principles ...
Page 51
... judge , when these differed , to follow the majority , only exercising his own judgment when the numbers were equal ... judges ) had to investigate and decide an issue presented to him in a formula from the prætor ; the prætor ( who ...
... judge , when these differed , to follow the majority , only exercising his own judgment when the numbers were equal ... judges ) had to investigate and decide an issue presented to him in a formula from the prætor ; the prætor ( who ...
Page 57
... literature . How should the judge proceed in such a case ? Who should decide when doctors disagreed ? The special object of the statute was to meet and relieve this difficulty . It THE ROMAN LAW BEFORE JUSTINIAN . 57.
... literature . How should the judge proceed in such a case ? Who should decide when doctors disagreed ? The special object of the statute was to meet and relieve this difficulty . It THE ROMAN LAW BEFORE JUSTINIAN . 57.
Other editions - View all
Common terms and phrases
agnate agnate family alien allowed appointed heir Aulus became belonged binding bonorum brothers and sisters buyer called centuries character child claim Codex Constitutionum cognates commodatum common contract Corpus Juris Corpus Juris Civilis course court creditor death debt debtor deceased descendants Digest emancipated emperor emphyteusis empire English law erty familiae emptor father formal Gaius Germanic give ground horse husband intestate intestate inheritance judges jus civile jus gentium Justinian kind land later law-system lecture legacies liable Maevius mancipatio marriage master ment mutuum natural object obligation owner ownership Papinian parties patria potestas payment peculiar person plaintiff pledge possession prætor principle promise received recognized regarded relations Roman citizens Roman jurists Roman law Seius sell servitus slave stipulation sui juris testament testator thing tion Titius transaction Tribonian Twelve Tables usucapion usufruct usus valid whole wife
Popular passages
Page 49 - ... conqueror of Italy, humbler of Germany, terror of the North — saw him account all his matchless victories poor compared with the triumph you are now in a condition to win — saw him contemn the fickleness of Fortune, while, in despite of her, he could pronounce his memorable boast, " I shall go down to posterity with the Code in my hand!