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according action actual amount application authority becomes body called certain character circumstances civil claims condition consequences considerations constitution contract course courts crime criminal criminal law customs definite depend described determined direct distinct doubt effect elements England English essential evidence existence expression extent fact follow force give given Government ground groups hand human immediate implies important individual influence institutions interest judge judicial justice kind language legislation less liberty limits matter meaning method mode moral nature needed notion object obvious operation original ownership particular parties permanent persons physical political popular possession possible practice present principles properly protection punishment question reason relations respect result rights and duties rules Science sense social society sort term things tion treated true universal whole wholly
Página 365 - ... Twelve Tables of Rome \ were the most famous specimen. In Greece, in Italy, on the Hellenised sea-board of Western Asia, these codes all made their appearance at periods much the same everywhere, not, I mean, at periods identical in point of time, but similar in point of the relative progress of each community. Everywhere, in the countries I have named, laws engraven on tablets and published to the people take the place of usages deposited with the recollection of a privileged oligarchy.
Página 230 - At all events, when the Roman community conceived itself to be injured, the analogy of a personal wrong received was carried out to its consequences with absolute literalness, and the State avenged itself by a single act on the individual wrong-doer. The result was that, in the infancy of the commonwealth, every offence vitally touching its security or its interests was punished by a separate enactment of the legislature.
Página 363 - And in the world of law no less than in the physical world, every commotion and conflict of the elements has left its mark behind in some break or irregularity of the strata: every struggle which ever rent the bosom of society is apparent in the disjointed condition of the part of the field of law which covers the spot; nay, the very traps and pitfalls which one contending party set for another are still standing, and the teeth not of hyenas only but of foxes and all cunning animals are imprinted...
Página 381 - English common law is composed, a man were to represent it as being of no use. Confused, indeterminate, inadequate, ill-adapted, and inconsistent as, to a vast extent, the provision or no-provision would be found to be, that has been made by it for the various cases that have happened to present themselves for decision...