Formative Influences of Legal Development

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Little, Brown,, 1918 - Ethnological jurisprudence - 705 pages
 

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Page 440 - State power, of classes, of individuals. All the law in the world has been obtained by strife. Every principle of law which obtains had first to be...
Page 496 - And I took my concubine, and cut her in pieces, and sent her throughout all the country of the inheritance of Israel : for they have committed lewdness and folly in Israel. 7 Behold, ye are all children of Israel; give here your advice and counsel.
Page 461 - ... of civilization into the second stage — out of the stage where permanence is most wanted into that where variability is most wanted ; and you cannot comprehend why progress is so slow till you see how hard the most obstinate tendencies of human nature make that step to mankind. Of course the nation we are supposing must keep the virtues of its first stage as it passes into the after stage, else it will be trodden out ; it will have lost the savage virtues in getting the beginning of the civilized...
Page 472 - The military habit makes man think far too much of definite action, and far too little of brooding meditation. Life is not a set campaign, but an irregular work, and the main forces in it are not overt resolutions, but latent and half-involuntary promptings. The mistake of military ethics is to exaggerate the conception of discipline, and so to present the moral force of the will in a barer form than it ever ought to take. Military morals can direct the axe to cut down the tree, but it knows nothing...
Page 322 - ... there appears to be no country inhabited by an Aryan race in which traces do not remain of the ancient periodical re-distribution. It has continued to our own day in the Russian villages. Among the Hindoo villagers there are widely extending traditions of the practice, and it was doubtless the source of certain usages...
Page 522 - The advance of organization which thus follows the advance of aggregation, alike in individual organisms and in social organisms, conforms in both cases to the same general law: differentiations proceed from the more general to the more special. First broad and simple contrasts of parts, then within each of the parts primarily contrasted, changes which make unlike divisions of them, then within each of these unlike divisions, minor unlikenesses, and so on continually. The successive stages in the...
Page 467 - In the early world many mixtures must have wrought many ruins ; they must have destroyed what they could not replace, — an inbred principle of discipline and of order. But if these unions of races did not work thus,— if for example the two races were so near akin that their morals united as well as their breeds, if one race by its great numbers and prepotent organization so presided over the other as to take it up and assimilate it and leave no separate remains of it, then the admixture was invaluable...
Page 470 - Those kinds of morals and that kind of religion which tend to make the firmest and most effectual character are sure to prevail, all else being the same; and creeds or systems that conduce to a soft limp mind tend to perish, except some hard extrinsic force keep them alive. Thus Epicureanism never prospered at Rome, but Stoicism did: the stiff serious character of the great prevailing nation, was attracted by what seemed a confirming creed, and deterred by what looked like a relaxing creed. The inspiriting...
Page 458 - I phrased it) a cake of custom, but of breaking the cake of custom ; not of making the first preservative habit, but of breaking through it, and reaching something better. This is the precise case with the whole family of arrested civilizations. A large part, a very large part, of the world seems to be ready to advance to something good — to have prepared all the means to advance to something good, — and then to have stopped, and not advanced. India, Japan, China, almost every sort of Oriental...
Page 342 - ... of the words of the law, by an exact compliance with its minutest provisions. The law provided that no one should take a nest when the mark was on the trunk beneath, or in sight upon the ground. As it had been proved by Miller's testimony that Landreth could not have seen Delphey's label, Delphey's rights vanished. There can be little doubt that the negligent driving of a tack was all that made Landreth the better owner than Delphey, and that Landreth was perfectly aware of this fact. When the...

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