On Early Law and Custom |
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Page 2
... opinions . With Arabic he was already familiar , and he therefore required no assistance in his studies of Mahommedan law ; but for the purpose of mastering the virtually unknown language in which the Hindu law was contained , he found ...
... opinions . With Arabic he was already familiar , and he therefore required no assistance in his studies of Mahommedan law ; but for the purpose of mastering the virtually unknown language in which the Hindu law was contained , he found ...
Page 6
... opinions of Sir William Jones produced great effects both in the East and in the West . One result which followed from them I must pass by with notice very unequal to its practical importance . The Anglo- Indian Courts accepted from the ...
... opinions of Sir William Jones produced great effects both in the East and in the West . One result which followed from them I must pass by with notice very unequal to its practical importance . The Anglo- Indian Courts accepted from the ...
Page 7
... opinion had a very slender foundation , for it is probable that at the end of the last century large masses of the Hindu population had not so much as heard of Manu , 1 and knew little or nothing of the legal rules supposed to rest ...
... opinion had a very slender foundation , for it is probable that at the end of the last century large masses of the Hindu population had not so much as heard of Manu , 1 and knew little or nothing of the legal rules supposed to rest ...
Page 9
... opinion is the result of a test first applied by Professor Max Müller , and now univer- sally accepted by Sanscritists as conclusive . The law - book of Manu is in verse , and Verse is one of the expedients for lessening the burden ...
... opinion is the result of a test first applied by Professor Max Müller , and now univer- sally accepted by Sanscritists as conclusive . The law - book of Manu is in verse , and Verse is one of the expedients for lessening the burden ...
Page 12
... opinions now considered orthodox would be bound to claim for it an indefinitely high antiquity . At the same time , its audacious pretension to be of divine origin is out- done in some of the writings now shown to be older , for the so ...
... opinions now considered orthodox would be bound to claim for it an indefinitely high antiquity . At the same time , its audacious pretension to be of divine origin is out- done in some of the writings now shown to be older , for the so ...
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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 early England English existence exogamous fact father female feudal France French Gautama Hindu law house communities household Hugh Capet ideas India inheritance institutions Irish King kinship kinsmen land law-books lawyers Lex Salica lord Mahommedan male mankind Manor Manu marriage marry McLennan modern natural observed oldest origin paternal Patriarchal theory popular portion primitive princes 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 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 70 - When he leaves his corpse like a log or a heap of clay upon the ground, his kindred retire with averted faces ; but his virtue accompanies his soul. Continually, therefore, by degrees let him collect virtue, for the sake of securing an inseparable companion ; since, with virtue for his guide, he will traverse a gloom, how hard to be traversed!
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 - I cannot see why the men who discovered the use of fire and selected the wild forms of certain animals for domestication and of vegetables for cultivation should not find out that children of unsound constitutions were born of nearly related parents.
Page 360 - They sometimes write as if they thought that, although obscured by false theory, false logic, and false statement, there is somewhere behind all the delusions which they expose a framework of permanent legal conceptions which is discoverable by a trained eye, looking through a dry light, and to which a rational Code may always be fitted.