Roman Law in the Modern World, Volume 1

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New Haven Law Book Company, 1922 - Civil law

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Page 11 - Strenuous endeavors to improve the law are not impeded but forwarded by a zealous study of legal history. . . . To-day we study the day before yesterday, in order that yesterday may not paralyze to-day, and that to-day may not paralyze to-morrow.
Page 58 - and to rise above the disorderly habits and gross indulgences of the vulgar to higher laws of action which nothing but self-denial and self-command would enable the aspirant to observe. It is notorious that this proposition — live according to nature — was the sum of the tenets of the famous Stoic philosophy.
Page 374 - to reduce them to more brevity and certainty; that the great hollowness and unsafely in assurances of lands and goods may be strengthened; the snaring penalties that lie upon many subjects removed; the execution of many profitable laws revived; the judge better directed in his sentence; the
Page 127 - Every one of these steps was a gain to the Roman Empire and to mankind, such as not even the Antonines had ventured to attempt, and of those benefits none has been altogether lost. Undoubtedly, if Constantine is to be judged by the place which he occupies amongst the benefactors of humanity, he would rank, not amongst
Page 130 - Cesare fui, e son Giustiniano, Che, per voler del primo Amor ch' io sento, D' entro le leggi trassi il troppo e il vano. Tosto che con la Chiesa mossi i piedi A Dio per grazia piacque
Page 4 - is the chief branch of Latin literature; it was the only literature of the Romans which has any claim to originality; it was the only part of their literature in which the Romans themselves took any strong interest and it is the one part which has profoundly influenced modern thought.
Page 8 - It must be owned," said Lord Chief Justice Holt, "that the principles of our law are borrowed from the Civil Law and therefore grounded on the same reason in many things.
Page 59 - of nature and that the praetor in framing an Edictal jurisprudence on the principles of the Jus Gentium was gradually restoring a type from which law had only departed to deteriorate.
Page 374 - better warranted in his counsel; the student eased in his reading; the contentious suitor that seeketh but vexation disarmed; and the honest suitor that seeketh but to obtain his right relieved.
Page 4 - what is fair from what is unfair, we discriminate between what is allowed and what is forbidden, we desire to make men good, not only by putting them in fear of penalties, but also by appealing to them through rewards, proceeding, if I am not mistaken, on a real and not a pretended philosophy.

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