Problems of Law Its Past Present And Future Three Lectures
Problems of Law Its Past Present And Future Three Lectures
John Henry Wigmore
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1400 by calling it customary law) ; and in the 1800's the method of legislation suddenly dominates the entire mass; perhaps the Cromwellian revolution, had it succeeded in its abortive legal changes, would have marked the destined time for a stage of codified custom; but at any rate it did not in fact. And it is to be noted that Sir Henry Maine's generalizations might be inter- preted as meant to explain the whole course of a people's legal development, from beginning to end. Yet the above illu...strations represent only segments from a continuous legal life of at least two of the peoples; only the Romans and the Hebrews have ended their legal career. Hence, the complete legal life, if traced, might show even further variations from Sir Henry Maine's sequence. {B) Taking next the second legal idea, viz. , the organ for expression of law, we THE LAW'S EVOLUTION 57 find that Rome does indeed exhibit Sir Henry Maine's sequence, viz. , Kings, oHgarchies (ecclesiastical and poHtical), democracies (lawyer class and general assembly); and Sir Henry Maine's se- quence was based partly on Rome as a type.
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