Ancient Law Henry James Sumner Maine 9781444458527 Books
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book CHAPTER III. LAW OF NATURE AND EQUITY The theory of a set of legal principles entitled by their intrinsic superiority to supersede the older law, very early obtained currency both in the Roman State and in England. Such a body of principles, existing in any system, has in the foregoing chapters been denominated Equity, a term which, as will presently be seen, was one (though only one) of the designations by which this agent of legal change was known to the Roman jurisconsults. The jurisprudence of the Court of Chancery, which bears the name of Equity in England, could only be adequately discussed in a separate treatise. It is extremely complex in its texture, and derives its materials from several heterogeneous sources. The early ecclesiastical chancellors contributed to it, from the Canon Law, many of the principles which lie deepest in its structure. The Roman law, more fertile than the Canon Law in rules applicable to secular disputes, was not seldom resorted to by a later generation of Chancery judges, amid whose recorded dicta we often find entire texts from the Corpus Juris Civilisimbedded, with their terms unaltered, though their origin is never acknowledged. Still more recently, and particularly at the middle and during the latter half of the eighteenth century, the mixed systems of jurisprudence and morals constructed by the publicists of the Low Countries appear to have been much studied by English lawyers, and from the chancellorship of Lord Talbot to the commencement of Lord Eldon's chancellorship these works had considerable effect on the rulings of the Court of Chancery. The system, which obtained its ingredients from these various quarters, was greatly controlled in its growth by the necessity imposed on it of conforming itself to the analogies of the common l...
Ancient Law Henry James Sumner Maine 9781444458527 Books
PACKED and more. Intricate explanations that require reader's intense attention--but "it's there," if your journey to it is a bit convoluted. From a lifetime of study and learning by a learned man of substance. The main reference text for a Berkeley professor's class. Not a fast read, but an informative one if time is taken. The language is generally elevated-1800s, but with some effort it can be handled. Usually. A piece of work.Product details
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Tags : Ancient Law [Henry James Sumner Maine] on Amazon.com. *FREE* shipping on qualifying offers. Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. LAW OF NATURE AND EQUITY The theory of a set of legal principles entitled by their intrinsic superiority to supersede the older law,Henry James Sumner Maine,Ancient Law,ValdeBooks,1444458523,9781153773218
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Ancient Law Henry James Sumner Maine 9781444458527 Books Reviews
First published in 1861. Contents include Ancient codes; legal fictions; law of nature and equity; modern history of the law of nature; primitive society and ancient law; early historyof testamentary succession; ancient ideas respecting wills and succession; early history of property; early history of contract; early history of crime and delict. Besides Greece and Rome, Maine examines the laws of India and Teutonic codes.
This book should be mandatory reading for any history classes, law studies and political science curricula.
Professor Maine (of Cambridge) wrote this treatise in 1867. It is a documentation of how ancient laws (especially from ancient Greece and Rome) have influenced our modern societies and systems of law.
One of the most illuminating chapters contains his brilliant analysis of the American system of government just after the civil war.
Professor Maine points out that the US system of government is based almost entirely on Roman Law. Many of the important ideas in our seminal documents, such as the Declaration of Independence and the Constitution, derive from the Roman "Jus Gentium." [The "law" of the People] The Jus Gentium was the law which Rome used to rule over its empire. It was designed to guarantee certain rights and freedoms to the people of the empire, notwithstanding their diverse cultural, economic and religious differences.
Prof. Maine points out that just as the Romans ruled over the diverse nations and cultures, of the ancient world, by imposing the Jus Gentium upon them, the federal government in the U.S. governs the diverse cultures, economies, religions and geographies of the several states of the Union.
He is the only historian who realized that the principal premise of the Jus Gentium was the basis for the U.S. Constitution. The principal premise of the Roman Jus Gentium was "omnes homines naturâ æquales sunt," [All men are created equal] Maine, Henry Sumner (2011-03-17). Ancient Law Its Connection to the History of Early Society ( Location 1094). Edition.
He points out, brilliantly, that Thomas Jefferson, and most of our founders, were scholars of ancient law and implemented the principles of ancient law in the founding of our country.
As this was written just after the American Civil War, Professor Maine's insights give new meaning to President Lincoln's most eloquent Gettysburg Address "Four Score and seven years ago, our fathers brought forth onto THIS continent a NEW nation conceived in liberty and dedicated to the proposition that omnes homines naturâ æquales sunt." [All men are created equal] . . . . that these honorèd dead shall not have died in vain, . . . and that the 'Jus Gentium' [translated by President Lincoln as 'Government of the people, by the people and for the people'] shall not perish from the earth."
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PACKED and more. Intricate explanations that require reader's intense attention--but "it's there," if your journey to it is a bit convoluted. From a lifetime of study and learning by a learned man of substance. The main reference text for a Berkeley professor's class. Not a fast read, but an informative one if time is taken. The language is generally elevated-1800s, but with some effort it can be handled. Usually. A piece of work.
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