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abstractions Address Village Communities aims analysis analytical jurisprudence Ancient history Ancient Law appeals basis of historical Bentham and Austin Calcutta Address Village characteristic civilized mankind comparative jurisprudence conception of law connexion CORPUS course criticism deductive directed doctrine domain of jurisprudence dwells Early History Early Law elements English law facts favourite French German school historical investigation historical jurisprudence historical laws historical method History of Institutions human nature human society ideas and customs INAUGURAL LECTURE inductive reasoning influence inquiries intercourse juridical landmarks law of develop law of nature lawyer Lecture Village Communities legal evolution legal ideas legal rules Maine Maine's mind Maine's teaching national peculiarities natural equity natural science observation OXFORD past form philosophy political economy Popular Government principles priori assumptions problems recognized Rede Lecture Village Roman law Savigny scientific jurisprudence sequence study of law theories thinker thought tion torical jurisprudence trace tradition truth University of Calcutta
Page 16 - I think I may venture to affirm that the Comparative Method, which has already been fruitful of such wonderful results, is not distinguishable in some of its applications from the Historical Method. We take a number of contemporary facts, ideas, and customs, and we infer the past form of those facts, ideas, and customs...
Page 11 - If it be truth at all, it must be scientific truth. There can be no essential difference between the truths of the Astronomer, of the Physiologist, and of the historian. The great principle which underlies all our knowledge of the physical world, that Nature is ever consistent with herself, must also be true of human nature and of human society which is made up of human nature.
Page 13 - But, even if they gave more trouble than they do, no pains would be wasted in ascertaining the germs out of which has assuredly been unfolded every form of moral restraint which controls our actions and shapes our conduct at the present moment.
Page 10 - The truth is that the stable part of our mental, moral, and physical constitution is the largest part of it, and the resistance it opposes to change is such that, though the variations of human society in a portion of the world are plain enough, they are neither so rapid nor so extensive that their amount, character, and general direction cannot be ascertained.
Page 10 - The truth is, that the stable part of our mental, moral, and physical constitution is the largest part of it, and the resistance it opposes to change is such that, though the variations of • Vide " Bryant's Mythology,
Page 9 - Savigny often dwells on the ideas, that the greater part of the social and intellectual structure of a nation is bequeathed to it by former generations, that unconscious tradition is perhaps the most potent agent in historical life, that the margin of change is surprisingly small and progressive nations quite exceptional.
Page 16 - ... aristocracies tended to become religious rather than military or political, and gained, therefore, rather than lost in power; while in some instances the physical conformation of Asiatic countries had the effect of making individual communities larger and more numerous than in the West ; and it is a known social law that the larger the space over which a particular set of institutions is diffused, the greater is its tenacity and vitality.
Page 4 - When I began it, several years before 1861, the background was obscured and the route beyond a certain point obstructed by a priori theories based on the hypothesis of a law and state of Nature.
Page 11 - Ibid., 1 16. at the formulation of laws. The fact is that Maine did not only stand under the influence of the preceding generation, which had given such an extraordinary impulse to historical research, but also under the sign of his own time with its craving for a scientific treatment of the problems of social life.