Dissertations on Early Law and Custom: Chiefly Selected from Lectures Delivered at Oxford |
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Page 20
... adopting the ascetic life , and the rules for following it , referred to in all the law tracts , are discussed at much length by Manu in the sixth chapter . remained , ' it is written , ' in the order of Householders , let the twice ...
... adopting the ascetic life , and the rules for following it , referred to in all the law tracts , are discussed at much length by Manu in the sixth chapter . remained , ' it is written , ' in the order of Householders , let the twice ...
Page 48
... adoption by the Anglo - Indian Courts of Justice as the common law of India ; but some of the points of belief which underlie it , as they do the whole Brah- manical literature , make the most durable part of the mental stock of every ...
... adoption by the Anglo - Indian Courts of Justice as the common law of India ; but some of the points of belief which underlie it , as they do the whole Brah- manical literature , make the most durable part of the mental stock of every ...
Page 69
... . ' I myself certainly think that the theory has been made to account for more than it will really explain by some of the eminent writers who have adopted it ; but there is some interesting CHAP . III . 69 ANCESTOR - WORSHIP .
... . ' I myself certainly think that the theory has been made to account for more than it will really explain by some of the eminent writers who have adopted it ; but there is some interesting CHAP . III . 69 ANCESTOR - WORSHIP .
Page 70
Chiefly Selected from Lectures Delivered at Oxford Henry Sumner Maine. who have adopted it ; but there is some interesting evidence that , so far as the early Hindus are con- cerned , it goes far to show the origin of their an- cestor ...
Chiefly Selected from Lectures Delivered at Oxford Henry Sumner Maine. who have adopted it ; but there is some interesting evidence that , so far as the early Hindus are con- cerned , it goes far to show the origin of their an- cestor ...
Page 87
... adopted or received as members of the 2 See Chapter VII . ( on ' Modern Theories of Primitive Society ' ) below . family without any ceremony , are all allowed to take CHAP . IV . 87 ANCESTOR - WORSHIP AND INHERITANCE .
... adopted or received as members of the 2 See Chapter VII . ( on ' Modern Theories of Primitive Society ' ) below . family without any ceremony , are all allowed to take CHAP . IV . 87 ANCESTOR - WORSHIP AND INHERITANCE .
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Common terms and phrases
agnatic Alfred Lyall ancestor-worship ancestors Ancient Law Apastamba Aryan Aryan race authority barbarous belongs body Brahmans brother called century chief civilisation clans Code copyhold Courts of Justice daughter dead death descended doctrine doubt England English existence exogamous fact father female feudal France French Gautama German Hindu law house communities household Hugh Capet human ideas India inheritance institutions Irish King kinship kinsmen land law-books lawyers Lex Salica lord Mahommedan male mankind Manor Manu marriage marry McLennan modern observed oldest opinion origin paternal Patriarchal theory popular portion primitive probably race Rajput religious Roman law royal rules sacerdotal sacred sacrifice Salic law savage seems Shere Ali social society sons South Slavonian spirit succession supposed Tanistry tenants tenure Teutonic throne tion trace tribal tribe Twelve Tables usage Village Community villeins villenage Vishnu whole women worship writers
Popular passages
Page 101 - If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.
Page 101 - Now there were with us seven brethren : and the first, when he had married a wife, deceased, and, having no issue, left his wife unto his brother: 26 Likewise the second also, and the third, unto the seventh.
Page 219 - Romans may be taken as the type of them, and they are so described to us that we can scarcely help conceiving them as a system of concentric circles which have gradually expanded from the same point. The elementary group is the Family, connected by common subjection to the highest male ascendant. The aggregation of Families forms the Gens or House.
Page 2 - I can no longer bear to be at the mercy of our pundits, who deal out Hindu law as they please, and make it at reasonable rates, when they cannot find it ready made.
Page 389 - is the ascendancy of the law of actions in the infancy of courts of justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure.
Page 101 - Master, Moses said, if a man die, having no children, his brother shall marry his wife, and raise up seed unto his brother. Now there were with us seven brethren : and the first, when he had married a wife, deceased, and having no issue, left his wife unto his brother : Likewise the second also, and the third, unto the seventh. And last of all the woman died also. Therefore in the resurrection whose wife shall she be of the seven ? for they all had her.
Page 123 - Three persons, a wife, a son, and a slave, are declared by law to have (in general) no wealth exclusively their own ; the wealth which they may earn is (regularly) acquired for the man to whom they belong.
Page 196 - Patriarchal theory is etated as 'the theory of the origin of society in separate families, held together by the authority and protection of the eldest valid ascendant.
Page 228 - unattainable by unsettled and childishly heedless races," among whom, nevertheless, a horror of incest is developed most strongly.2 Sir Henry Maine, on the other hand, thinks that the men who discovered the use of fire and selected the wild forms of certain animals for domestication and of vegetables for cultivation, might also have been able to find out that children of unsound constitution were born of nearly related parents.3 In the next chapter, I shall have occasion to mention some instances...
Page 163 - dooms ' — are doubtless drawn from preexisting custom or usage, but the notion is that they are conceived by the king spontaneously or through divine prompting. It is plainly a later development of the same view when the prompting comes from a learned lawyer, or from an authoritative law-book" (" Early Law and Custom,