Studies in History and Jurisprudence

About this eBook

Author

Bryce, James Bryce, Viscount, 1838-1922

Title

Studies in history and jurisprudence, volume 2 (of 2)

Original Publication

Oxford: Clarendon Press, 1901.

Credits

Tim Lindell and the Online Distributed Proofreading Team at www.pgdp.net (This file was produced from images generously made available by The Internet Archive/Canadian Libraries)

Language

English

LoC Class

K: Law in general, Comparative and uniform law, Jurisprudence

Subject

Constitutional history

Category

Text

Project Gutenberg

eBook-No. 78301

Release Date

March 26, 2026

Copyright

Public domain in the USA.

Contents

1. 1.STUDIES IN HISTORY AND JURISPRUDENCE
2. 2.CONTENTS
3. 3.IX OBEDIENCE — I. Theories Regarding Political Obedience. — II. The Grounds of Obedience in General. — III. The Future of Political Obedience. — NOTE TO THE ABOVE ESSAY
4. 4.X THE NATURE OF SOVEREIGNTY — I. Preliminary. — II. Legal Sovereignty ( De Iure ). — III. Practical Sovereignty ( De Facto ). — IV. The Relations of Legal to Practical Sovereignty. — V. Roman and Mediaeval Views of Sovereignty. — VI. Modern Theories of Sovereignty. — VII. Questions regarding Sovereignty liable to be confounded. — VIII. Sovereignty in International Relations. — IX. Sovereignty in a Federation. — X. Conclusion.
5. 5.XI THE LAW OF NATURE — I. The Idea of Nature as a Ruling Force. — II. Origin of the Conception of Natural Law. — III. The Roman ‘Law of the Nations.’ — IV. Connexion of the Law of Nature with the Law of the Nations. — V. Relation of Natural Law to General Customary Law. — VI. Meaning attached by the Roman Jurists to Nature. — VII. The Law of Nature in the Middle Ages. — VIII. The Law of Nature in Modern Times. — IX. Conclusion.
6. 6.XII THE METHODS OF LEGAL SCIENCE
7. 7.XIII THE RELATIONS OF LAW AND RELIGION — THE MOSQUE EL AZHAR
8. 8.XIV METHODS OF LAW-MAKING IN ROME AND IN ENGLAND — Introductory. — I. Law-Making Authorities in General. — II. Jurists as Makers of Law. — III. Difference between the Action of Roman and that of English Jurists. — IV. Magistrates and Judges as Makers of Law. — V. The System of Praetorian Edicts as compared with English Case Law. — VI. Direct Legislation at Rome. — A. The Popular Assembly. — VII. Direct Legislation at Rome. — B. The Senate. — VIII. Direct Legislation at Rome. — C. The Emperor. — IX. Direct Legislation in England: Parliament. — X. Some Reflections suggested by the History of Legislation.
9. 9.XV THE HISTORY OF LEGAL DEVELOPMENT AT ROME AND IN ENGLAND — I. Five Chief Epochs of Legal Change at Rome. — II. Five Epochs of Legal Change in England. — III. Outline of Legal Changes at Rome. — IV. Outline of the Progress of Legal Changes in England. — V. Some Differences between the Development of Roman and that of English Law. — VI. Observations on France and Germany. — VII. Private Law least affected by Political Changes or Direct Legislation.
10. 10.XVI MARRIAGE AND DIVORCE UNDER ROMAN AND ENGLISH LAW — I. Introductory. — II. Character of Marriage in Early Law. — III. The Earlier Form of Roman Marriage Law. — IV. Change from the Earlier to the Later System at Rome. — V. Later Marriage Law: Personal Relation of the Consorts. — VI. Later Law. Pecuniary Relations of the Consorts. — VII. General Character of the Roman Conception of Marriage. — VIII. Divorce in Roman Law. — IX. Influence of Christianity on the Roman Divorce Law. — X. Some other Features of Roman Marriage Law. — XI. Marriage under the Canon Law. — XII. The English Law of Marriage. — XIII. Property Relations of the Consorts under English Law. — XIV. Gradual Amendment of the English Matrimonial Law. — XV. Divorce under the Canon Law. — XVI. The Later Law of Divorce in England and Scotland. — XVII. The Divorce Laws of the United States. — XVIII. Statistics of Divorce in America. — XIX. Divorce in Modern European Countries. — XX. Comparison of the Process of Change at Rome and in the Modern World. — XXI. Tendencies affecting the Permanence of the Marriage Tie. — XXII. Influence of the Church and the Law. — XXIII. Does the English Law of Divorce need Amendment? — XXIV. Some General Reflections: Changes in Theory and in Sentiment regarding Marriage.
11. 11.XVII INAUGURAL LECTURE [234] THE ACADEMICAL STUDY OF THE CIVIL LAW
12. 12.XVIII VALEDICTORY LECTURE [252] LEGAL STUDIES IN THE UNIVERSITY OF OXFORD
13. 13.INDEX

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