18 Quotes by Henry James Sumner Maine
- Author Henry James Sumner Maine
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Our authorities leave us no doubt that the trust lodged with the oligarchy was sometimes abused, but it certainly ought not to be regarded as a mere usurpation or engine of tyranny.
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- Author Henry James Sumner Maine
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It is true that the aristocracies seem to have abused their monopoly of legal knowledge and at all events their exclusive possession of the law was a formidable impediment to the success of those popular movements which began to be universal in the western world.
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The members of such a society consider that the transgression of a religious ordinance should be punished by civil penalties, and that the violation of a civil duty exposes the delinquent to divine correction.
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The inquiries of the jurist are in truth prosecuted much as inquiry in physic and physiology was prosecuted before observation had taken the place of assumption.
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Law is stable; the societies we are speaking of are progressive. The greater or less happiness of a people depends on the degree of promptitude with which the gulf is narrowed.
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When primitive law has once been embodied in a Code, there is an end to what may be called its spontaneous development.
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The ancient codes were doubtless originally suggested by the discovery and diffusion of the art of writing.
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The epoch of Customary Law, and of its custody by a privileged order, is a very remarkable one.
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The ancient Roman code belongs to a class of which almost every civilised nation in the world can show a sample, and which, so far as the Roman and Hellenic worlds were concerned, were largely diffused over them at epochs not widely distant from one another.
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