The Early History of InstitutionsJohn Murray, 1890 - Всего страниц: 412 |
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Analytical Jurists ancient Ireland ancient Irish law Ancient Laws archaic Aryan Aryan race assertion Austin authority become belonged Bentham body Book of Aicill Brahminical Brehon law Brehon tracts brotherhood Cæsar called cattle Celtic Celts Chief commands communities conception consanguinity Courts of Justice custom descendants distrain doubt Druids eldest English law fact feudal Fuidhir Gaius Gavelkind Geilfine Hindoo law Hobbes ideas India influence institutions Joint Family jurisprudence King kinship kinsmen land Law of Distress law-tracts Laws of Ireland LECT LECTURE legislation Lord marriage Mitakshara modern natural observe organisation origin ownership Patria Potestas patriarchal person political portion practice primitive Primogeniture principles probably race recognised Roman Empire Roman law rules Salic Law Scottish Highlands seems Senchus Mor Sept society Sovereign Sovereignty succession supposed Tanistry tenants territory Teutonic theory tion tribal tribe tribesmen usage village Village-Community whole writers
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Стр. 369 - THE NATURE OF LAWS IN GENERAL. t AW, in its most general and comprehensive sense, signifies , a rule of action ; and is applied indiscriminately to all kinds of action, whether 'animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations.
Стр. 27 - What did not clash with the Word of God in the written law and the New Testament and the consciences of believers, was confirmed in the laws of the Brehons by Patrick and by the ecclesiastics and chieftains of Ireland ; for the law of nature had been quite right except the faith, and its obligations, and the harmony of the Church and people. And this is the
Стр. 20 - It is a rule of right unwritten, but delivered by tradition from one to another, in which oftentimes there appeareth great show of equity, in determining the right between party and party, but in many things repugning quite both to God's law and man's...
Стр. 42 - Notice precedes every distress in the case of the inferior grades, except it be by persons of distinction or upon persons of distinction. Fasting precedes distress in their case. He who does not give a pledge to fasting is an evader of all ; he who disregards all things shall not be paid by God or man.
Стр. 186 - And by the Irish custom of gavelkind the inferior tenantries were partible amongst all the males of the sept, both bastards and legitimate ; and after partition made, if any one of the sept had died, his portion was not divided among his sons, but the chief of the sept made a new partition of all the lands belonging to that sept, and gave every one his part according to his antiquity.
Стр. 230 - ... itself for the first time as the basis of common political action. It may be affirmed then of early commonwealths that their citizens considered all the groups in which they claimed membership to be founded on common lineage.
Стр. 187 - This statement occasions some perplexity, which does not, however, arise from its being antecedently incredible. It is made, you will observe, not of the Clan or Tribe in its largest extension, but of the Sept. The first was a large and miscellaneous body, composed in great part of men whose relationship of blood with the Chief and the mass of free tribesmen, was a mere fiction. The last was a much smaller body, whose proximity to a common ancestor was close enough to admit of their kinship either...
Стр. 357 - A despot with a disturbed brain is the sole conceivable example of such Sovereignty. The vast mass of influences, which we may call, for shortness, moral, perpetually shapes, limits, or forbids the actual direction of the forces of society by its Sovereign.
Стр. 75 - ... some particulars it has not even now been fully accomplished, but it has been going on through the whole course of history. The constitution of the Family through actual blood-relationship is of course an observable fact, but, for all groups of men larger than the Family, the Land on which they live tends to become the bond of union between them, at the expense of Kinship, ever more and more vaguely conceived.