Outlines of Historical Jurisprudence: Introduction. Tribal law

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Oxford University Press, 1920 - Historical jurisprudence
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Page 197 - Moreover Ruth the Moabitess, the wife of Mahlon, have I purchased to be my wife, to raise up the name of the dead upon his inheritance, that the name of the dead be not cut off from among his brethren, and from the gate of his place: ye are witnesses this day.
Page 28 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 50 - Such a man is what we call an original man ; he comes to us at first-hand. A messenger he, sent from the Infinite Unknown with tidings to us. We may call him Poet, Prophet, God ; — in one way or other, we all feel that the words he utters are as no other man's words. Direct from the Inner Fact of things ; — he lives, and has to live, in daily communion with that. Hearsays cannot hide it from him; he is blind, homeless, miserable, following hearsays; it glares-in upon him. Really his utterances,...
Page 38 - We may, then, define an instinct as an inherited or innate psycho-physical disposition which determines its possessor to perceive, and to pay attention to, objects of a certain class, to experience an emotional excitement of a particular quality upon perceiving such an object, and to act in regard to it in a particular manner, or, at least, to experience an impulse to such action.
Page 123 - I had been taught to reverence a Power That is the visible quality and shape And image of right reason, that matures Her processes by steadfast laws, gives birth To no impatient or fallacious hopes, No heat of passion or excessive zeal, No vain conceits, - provokes to no quick turns Of self-applauding intellect - but trains To meekness and exalts by humble faith...
Page 123 - I took the intellectual eye For my instructor, studious more to see Great truths, than touch and handle little ones. Knowledge was given accordingly ; my trust...
Page 299 - companions of the manger." But when several families are united, and the association aims at something more than the supply of daily needs, then comes into existence the village. And the most natural form of the village appears to be that of a colony from the family, composed of the children and grandchildren, who are said to be "suckled with the same milk.
Page 109 - In order, then, that the social pact may not be a vain formulary, it tacitly includes this engagement, which can alone give force to the others, that whoever refuses to obey the general will shall be constrained to do so by the whole body; which means nothing else than that he shall be forced to be free...
Page 299 - The family is the association established by nature for the supply of men's everyday wants, and the members of it are called by Charondas 'companions of the cupboard', and by Epimenides the Cretan, 'companions of the manger'.
Page 244 - This custom was termed hand-fasting, and consisted in a species of contract between two chiefs, by which it was agreed that the heir of one should live with the daughter of the other as her husband for twelve months and a day. If, in that time, the lady became a mother, or proved to be with child the marriage became good in law...

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