A History of Germanic Private Law, Volume 4

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Little, Brown,, 1918 - Civil law - 785 pages
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Page vii - A lawyer without history or literature is a mechanic, a mere working mason ; if he possesses some knowledge of these, he may venture to call himself an architect.
Page vii - Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions ; and whenever it happens, one of the vantage grounds, to which men must climb, is metaphysical, and the other historical knowledge.
Page xiii - Committee, on behalf of our profession, acknowlxii edges to them a special debt for their cordial services on behalf of legal science, and commends them to the readers of these volumes with the reminder that without their labors this Series would have been a fruitless dream. So the Committee, satisfied with the privilege of having introduced these authors and their translators to the public, retires from the scene, bespeaking for the Series the interest of lawyers and historians alike. THE EDITORIAL...
Page ix - CONTINENTAL LEGAL HISTORY SERIES GENERAL INTRODUCTION TO THE SERIES "ALL history," said the lamented master Maitland, in a memorable epigram, "is but a seamless web; and he who endeavors to tell but a piece of it must feel that his first sentence tears the fabric." This seamless web of our own legal history unites us inseparably to the history of Western and Southern Europe. Our main interest must naturally center on deciphering the pattern which lies directly before us, — that of the Anglo-American...
Page vii - There will be none such any more, till, in some better age, true ambition, or the love of fame, prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession by climbing up to the vantage ground, so my Lord Bacon calls it, of science, instead of grovelling all their lives below, in a mean but gainful application to all the little arts of chicane.
Page xi - ... pointed out in a memorial presented at the annual meeting of the Association of American Law Schools in August, 1909: "The recent spread of interest in Comparative Law in general is notable. The Comparative Law Bureau of the American Bar Association; the Pan-American Scientific Congress; the American Institute of Criminal Law and Criminology; the Civic Federation Conference on Uniform Legislation; the International Congress of History; the libraries' accessions in foreign law, — the work of...
Page vii - Letters on the Study of History (1739). Whoever brings a fruitful idea to any branch of knowledge, or rends the veil that seems to sever one portion from another, his name is written in the Book among the builders of the Temple. For an English lawyer it is hardly too much to say that the methods which Oxford invited Sir Henry Maine to demonstrate, in this chair of Historical and Comparative Jurisprudence, have revolutionised our legal history and largely transformed our current text-books.
Page vii - I might instance in other professions the obligation men lie under of applying themselves to certain parts of History; and I can hardly forbear doing it in that of the Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious. A lawyer now is nothing more (I speak of ninetynine in a hundred at least), to use some of Tully's words, "nisi legulcius quidem cautus, et acutus praeco actionum, cantor formularum, auceps syllabarum.
Page vii - But there have been lawyers that were orators, philosophers, historians: there have been Bacons and Clarendons. There will be none such any more, till in some better age true ambition, or the love of fame, prevails over avarice; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground...
Page 756 - The very nature of the Germanic law of inheritance as a law of kinship based exclusively upon blood relationship, necessarily wholly excluded, originally, testamentary dispositions of the estate."" The Prankish "affatomie

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