Studies in History and Jurisprudence, vol. 2
Vol. 2 of a two volume collection of Bryce’s essays and articles on the Roman and British Empires, constitutional history and theory, obedience, sovereignty, the law of nature , and legal history.
Studies in History and Jurisprudence (New York: Oxford University Press, 1901). 2 vols.
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- Author: Viscount James Bryce
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Table of Contents
- 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 On the Application of the Theory of Obedience to the Fundamental Definitions of Jurisprudence.
- 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.
- IV.: Modern Theories of Sovereignty.
- VII.: Questions regarding Sovereignty liable to be confounded.
- VIII.: Sovereignty in International Relations.
- IX.: Sovereignty in a Federation.
- X.: Conclusion.
- Note.
- 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.
- XII: THE METHODS OF LEGAL SCIENCE
- XIII: THE RELATIONS OF LAW AND RELIGION THE MOSQUE EL AZHAR
- 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.
- 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.
- 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.
- XVII: INAUGURAL LECTURE1 THE ACADEMICAL STUDY OF THE CIVIL LAW
- XVIII: VALEDICTORY LECTURE LEGAL STUDIES IN THE UNIVERSITY OF OXFORD
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