Evolution of Law: Formative influences of legal development

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Little, Brown, 1918
 

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Seite 440 - 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 496 - 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 472 - The military habit makes man think far too much of definite action, and far too little of brooding meditation. Life is not a set campaign, but an irregular work, and the main forces in it are not overt resolutions, but latent and half-involuntary promptings. The mistake of military ethics is to exaggerate the conception of discipline, and so to present the moral force of the will in a barer form than it ever ought to take. Military morals can direct the axe to cut down the tree, but it knows nothing...
Seite 522 - 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 322 - ... 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...
Seite 467 - In the early world many mixtures must have wrought many ruins ; they must have destroyed what they could not replace, — an inbred principle of discipline and of order. But if these unions of races did not work thus,— if for example the two races were so near akin that their morals united as well as their breeds, if one race by its great numbers and prepotent organization so presided over the other as to take it up and assimilate it and leave no separate remains of it, then the admixture was invaluable...
Seite 517 - Closer unions of these slightly-coherent original groups, arise under favourable conditions, but only now and then become permanent. A common form of the process is that described by Mason as occurring among the Karens. " Each village, with its scant domain, is an independent state, and every chief a prince; but now and then, a little Napoleon arises, who subdues a kingdom to himself, and builds up an empire. The dynasties, however, last only with the controlling mind.
Seite 458 - I phrased it) a cake of custom, but of breaking the cake of custom ; not of making the first preservative habit, but of breaking through it, and reaching something better. This is the precise case with the whole family of arrested civilizations. A large part, a very large part, of the world seems to be ready to advance to something good — to have prepared all the means to advance to something good, — and then to have stopped, and not advanced. India, Japan, China, almost every sort of Oriental...
Seite 520 - 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 460 - organize society," to erect a despot who will do what they like, and work out their ideas; but any despot will do what he himself likes, and will root out new ideas ninety-nine times for once that he introduces them.

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