Evolution of Law: Formative influences of legal development

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Little, Brown, 1918
 

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Seite 436 - State power, of classes, of individuals. All the law in the world has been obtained by strife. Every principle of law which obtains had first to be...
Seite 490 - And I took my concubine, and cut her in pieces, and sent her throughout all the country of the inheritance of Israel : for they have committed lewdness and folly in Israel. 7 Behold, ye are all children of Israel; give here your advice and counsel.
Seite 318 - ... there appears to be no country inhabited by an Aryan race in which traces do not remain of the ancient periodical re-distribution. It has continued to our own day in the Russian villages. Among the Hindoo villagers there are widely extending traditions of the practice, and it was doubtless the source of certain usages," surviving to our own day in England and Germany.
Seite 516 - The advance of organization which thus follows the advance of aggregation, alike in individual organisms and in social organisms, conforms in both cases to the same general law: differentiations proceed from the more general to the more special. First broad and simple contrasts of parts, then within each of the parts primarily contrasted, changes which make unlike divisions of them, then within each of these unlike divisions, minor unlikenesses, and so on continually. The successive stages in the...
Seite 514 - America, so little social that " one family lives at a distance from another ", social organization is impossible; and even where there is some slight association of families, organization does not arise while they are few and wandering. Groups of Esquimaux, of Australians, of Bushmen, of Fuegians, are without even that primary contrast of parts implied by settled chieftainship. Their members are subject to no control but such as is temporarily acquired by the stronger, or more cunning, or more experienced:...
Seite 212 - Man this rule was formerly carried so far, that to take away a horse or ox was there no felony, but a trespass, because of the difficulty in that little territory to conceal them or carry them off: but to steal a pig or a fowl, which is easily done, was a capital misdemeanor, and the offender was punished with death...
Seite 449 - ... small portion of such laws. The discussion of these three principles cannot be kept quite apart except by pedantry ; but it is almost exclusively with the first — that of the competition between nation and nation, or tribe and tribe (for I must use these words in their largest sense, and so as to include every cohering aggregate of human beings) — that I can deal now ; and even as to that I can but set down a few principal considerations. The progress of the military art is the most conspicuous,...
Seite 461 - Roman army was a free body, at its own choice governed by a peremptory despotism. The mixture of races was often an advantage, too. Much as the old world believed in pure blood, it had very little of it. Most historic nations conquered prehistoric nations, and though they massacred many, they did not massacre all. They enslaved the subject men, and they married the subject women. No doubt the whole bond of early society was the bond of descent ; no doubt it was essential to the notions of a new nation...
Seite 448 - First, in every particular state of the world, those nations which are strongest tend to prevail over the others; and in certain marked peculiarities the strongest tend to be the best.
Seite 513 - In societies, as in living bodies, increase of mass is habitually accompanied by increase of structure. Along with that integration which is the primary trait of evolution, both exhibit in high degrees the secondary trait, differentiation.

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