Studies in history and jurisprudence, Volume 1 (Google eBook)

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Oxford University Press, American Branch, 1901 - Australia - 926 pages
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page 458 on Federation

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Vol. 1 of 2.

Contents

Character of the conquerors as a source of their strength
48
no similar fusion
54
Influences which favoured fusion in Roman Empire absent
62
Nature and consequences of the Musulman identification
63
Causes which overthrew the Roman Empire
68
MARRIAGE AND DIVORCE IN ROMAN AND IN ENGLISH
72
Variations in provincial administration in Roman Empire
73
Extension of Roman Law by conquest
75
Some branches of law better fitted than others to be handled
81
Growth of the idea of Natural Law among the jurists 578
82
Gradual assimilation of Roman and Provincial Law
83
Spread of Roman Law after the fall of the Western Empire
89
Legal systems which the English found in India
97
Codification in India
103
Roman Law in the Empire compared with English Law
114
English and Roman Law over the world
121
Old Classification of Constitutions as Written and
126
Origin of Flexible Constitutions
136
Early Marriage law of the Romans 786
138
Such Constitutions are rather elastic than unstable
143
Dangers possibly inherent in Flexible Constitutions
149
Checks applied in Rome and in England
155
Illustrations from Rome and England
161
Enumeration of existing Rigid Constitutions
167
Rights in the moral sphere of Sovereignty de iure and Sove
168
Enactment and amendment of Rigid Constitutions
174
Sovereignty in International Relations 546
179
The Comparative Method 619
183
How far can Rigid Constitutions be definite or complete?
184
The interpretation of Rigid Constitutions
193
In the progress of civilization material interest and senti
194
Recent changes of opinion in the United States and England
202
Possible creation of new States and Constitutions
210
ESSAY III
214
Present tendency to the enlargement or consolidation
261
Rise of the Gofii or PriestChieftain
268
THE HISTORY OF LEGAL DEVELOPMENT AT ROME
272
Judicial organization and powers of the Althing
274
General character of the Icelandic Republic
280
Sources of our knowledge of the law
287
The introduction of Christianity
294
THE CONSTITUTION OF THE UNITED STATES AS SEEN
301
Predictions of the opponents of the New Constitution
307
Examination of the predictions of 1788
314
Merits and flaws in Tocquevilles study of the United States
320
Roman Legal History during the republican period 751
321
The deficiencies observable in his book scarcely affect
327
Advantages which he conceives Democracy to have secured
337
Points omitted in his description
345
Summary of Tocquevilles conclusions
355
Circumstances under which they arose
361
Constitution of the South African Republic Transvaal
369
Is it a Rigid or a Flexible Constitution?
375
Comparison of these Constitutions with that of Britain
383
Postscript
389
Causes which induced Federation
398
Comparison with the conditions of the United States and
406
Position of the Australian States under the Constitution
413
few restrictions on its powers
419
The Judiciary
425
Provision against legislative deadlocks
431
Relations of the Two Houses
432
Relations of the Australian Commonwealth to the British
438
Its highly democratic character
450
The Reformation and the Civil War 765
454
Possible creation and admission of New States
457
Indolence
467
Copyright

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Page 436 - But' no alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing or otherwise altering the limits of the State, shall become law unless the majority of the electors voting in that State approve the proposed law
Page 316 - I hold with Montesquieu that a government must be fitted to a nation as much as a coat to the Individual; and consequently that what may be good at Philadelphia may be bad at Paris and ridiculous at Petersburg!!.
Page 309 - It is against the enterprising ambition of this department that the People ought to Indulge all their jealousy and exhaust all their precautions
Page 121 - between the laws of different countries may in that department continue, or even that new divergences may appear. Still, on the whole, the progress of the world is towards uniformity in law, and towards a more evident uniformity than is discoverable either in the sphere of religious beliefs or in that of political institutions.
Page 398 - of coloured races (especially Chinese, Malays, and Indian coolies). The gain to suitors from the establishment of a High Court to entertain appeals and avoid the expense and delay involved in carrying cases to the Privy Council in England. The probability that money could be borrowed more easily on the credit of
Page 91 - In Lithuania the rule was that where no express provision could be found governing a case, recourse should be had to ' the Christian laws.' Speaking generally, one may say that it was by and with Christianity that Roman law made its way in the countries to the east of Germany and to the north of the Eastern Empire.
Page 31 - Finance was the standing difficulty of the Roman as it is of the Anglo-Indian administrator. Indeed, the Roman Empire may be said to have perished from want of revenue. Heavy taxation, and possibly the exhaustion of the soil, led to the abandonment of farms, reducing the rent derivable from the land. The terrible
Page 309 - extending the sphere of it* activity and drawing all power into its impetuous vortex. . . . It is against the enterprising ambition of this department that the People ought to Indulge all their jealousy and exhaust all their precautions
Page 300 - one written at the very birth of the Union by those who watched its cradle, and recording incidentally, and therefore all the more faithfully, the impressions and anticipations of the friends and enemies of the
Page 74 - This was a large class, and went on rapidly increasing. To it pure Roman law was applicable, subject of course to any local customs. The other class consisted of the provincial subjects who were merely subjects, and, in the view of the Roman law, aliens