English Opportunities and Duties in the Historical and Comparative Study of Law: An Inaugural Lecture Delivered at Corpus Christi College, October 20, 1883

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MacMillan, 1883 - Comparative law - 31 pages

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Page 16 - Augustus Caesar, divi genus, aurea condet saecula qui rursus Latio regnata per arva Saturno quondam, super et Garamantas et Indos proferet imperium ; iacet extra sidera tellus, extra anni solisque vias, ubi caelifer Atlas axem umero torquet stellis ardentibus aptum.
Page 5 - The doctrine of evolution is nothing else than the historical method applied to the facts of nature ; the historical method is nothing else than the doctrine of evolution applied to human societies and institutions.
Page 16 - Atlas axem umero torquet stellis ardentibus aptum. huius in adventum iam nunc et Caspia regna responsis horrent divum et Maeotia tellus, et septemgemini turbant trepida ostia Nili. 800 nee vero Alcides tantum telluris obivit, fixerit aeripedem cervam licet, aut Erymanthi pacarit nemora et Lernam tremefecerit arcu ; nee qui pampineis victor iuga flectit habenis Liber, agens celso Nysae de vertice tigris. 805 et dubitamus adhuc virtutem extendere factis, aut metus Ausonia prohibet consistere terra...
Page 3 - That state of things is slowly disappearing in England, as well as here, with the gradual improvement in the legal education of the bar. One of the best and most important results of this improvement will be a more cordial respect and a closer co-operation between the different parts of our profession...
Page 6 - a key to unlock ancient riddles, a solvent of apparent contradictions, a touchstone of sophistries, and a potent spell to exorcise those phantoms of superstition, sheeted now in the garb of religion, now of humanity, now (such is their audacity) of the free spirit of science itself, that do yet squeak and gibber in our streets.
Page 11 - ... home-grown stock of laws and a home-grown type of legal institutions. They grew in rugged exclusiveness, disdaining fellowship with the more polished learning of the civilians, and it was well that they did so; for, had English law been in its infancy drawn, as at one time it seemed likely to be drawn, within the masterful attraction of Rome, the range of legal discussion and of the analysis of legal ideas would have been dangerously limited. Roman conceptions, Roman classification, the Roman...
Page 11 - Roman understanding of legal reason and authority, would have dominated men's minds without a rival. It is hardly too much to say that the possibility of comparative jurisprudence would have been in extreme danger; for, broadly speaking, whatever is not of England, in the forms of modern jurisprudence, is of Rome or of Roman mould.
Page 9 - History may ever be too good allies and helpmates to wrangle over an imaginary boundary between their territories. Each of them has so much to do for the other and so much to learn from her that a dispute of this kind is wasteful folly. I would fain have every lawyer a historian; and, seeing we ought to desire for all our fellow-men the increase of all good knowledge, there can be no harm in wishing that some historians had a little more law.
Page 11 - From the storm floods that made wreck of the " Roman Empire there emerged, defaced but not " broken, the solid fabric of Roman law. Not by " any command or ordinance of princes, but by the " inherent power of its name and traditions, Roman " law rose again to supremacy among the ruins of " Roman dominion, and seemed for a time supreme " in the civilized world. In only one corner of " Europe it finally failed of obedience. Rude and "obscure in its beginnings, unobserved or despised "by the doctors...

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