Ancient Law: Its Connection With the Early History of Society And Its Relation to Modern Ideas

Cover Ancient Law: Its Connection With the Early History of Society And Its Relation to Modern Ideas
Ancient Law: Its Connection With the Early History of Society And Its Relation to Modern Ideas
Maine, Henry Sumner, Sir, 1822-1888
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It was at first, not a mode of distributing a dead man's goods, but one among several ways of transferring the representation of the household to a new chief. The goods descend no doubt to the Heir, but that is only because the government of the family carries with it in its devolution the power of disposing of the common stock. We are very far as yet from that stage in the history of Wills in which they become powerful instruments in modifying society through the chap, vil ROMAN IDEAS OF SUCCE...SSION 173 stimulus they give to the circulation of property and the plasticity they produce in proprietary rights. No such consequences as these appear in fact to have been associated with the Testamentary power even by the latest Roman lawyers. It will be found that Wills were never looked upon in the Roman community as a contrivance for parting Property and the Family, or for creating a variety of miscellaneous interests, but rather as a means of making a better provision for the members of a household than could be secured through the rules of Intestate succession.' We may suspect indeed that the associations of a Roman with the practice of will-making were extremely different from those familiar to us nowadays.

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