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Yale Law School

Faculty Scholarship Series

Articles 91 - 99 of 99

Full-Text Articles in Legal History

Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman Jan 1913

Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman

Faculty Scholarship Series

The Roman law of guardianship grew out of the family organization.
It is also quite closely connected with the law of
inheritance. The power of a guardian is that form of family
power which ordinarily takes the place of paternal power when
there is no one to exercise the latter. It was originally at Rome
but an extension of the paternal power.' In this respect the conception
of guardianship is different in English law,--English guardianship
rests on the principle of protecting the bodily and mental
immaturity of youth.'


Jurisprudence In Germany, Edwin Borchard Jan 1912

Jurisprudence In Germany, Edwin Borchard

Faculty Scholarship Series

The Library of Congress is now undertaking the publication of a series of guides to foreign law. One of the objects of the enterprise is to acquaint the practitioner and the legislator with the legal institutions of foreign countries. Another of its objects is to show the evolution and present development of juristic thought abroad, and the extent to which a virile philosophy of law and a sound conception of the relation between law and social science have succeeded in creating a jurisprudence which has proved far more efficient than the common law in responding to the needs of present ...


The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman Jan 1912

The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman

Faculty Scholarship Series

In spite of the progress of legal education in the last decade there still lingers in some places that now time-worn belief that a knowledge of Roman law is of no use at all in the legal profession. This view of the present value of Roman law is
obviously superficial. It is based on the assumption that because the Roman state and tribunals perished centuries ago, therefore Roman law itself has
long been dead also. But this conception of the fate of Roman law is historically inaccurate and false. The spirit of Roman law did not die-on the contrary
it ...


The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman Jan 1911

The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman

Faculty Scholarship Series

In spite of the progress of legal education in the last decade
there still lingers in some places that now time-worn belief that
a knowledge of Roman law is of no use at all in the legal profession.
This view of the present value of Roman law is obviously
superficial. It is based on the assumption that because the
Roman state and tribunals perished centuries ago, therefore
Roman law itself has long been dead also. But this conception
of the fate of Roman law is historically inaccurate and false.
The spirit of Roman law did not die,-on the contrary ...


Acquisitive Prescription: Its Existing World-Wide Uniformity, Charles P. Sherman Jan 1911

Acquisitive Prescription: Its Existing World-Wide Uniformity, Charles P. Sherman

Faculty Scholarship Series

The recent appeal of Lord Justice Kennedy1 for unified laws
covering the various fundamental transactions of business and of
domestic relations is not a mere dream, but rests on a solid foundation
of fact,-namely the too-often overlooked agreement as to
essentials which exists in modern law throughout the world.
So thoroughly have the principles of Roman law survived or
been re-absorbed in all modern jurisprudence that a movement
for unification of the private laws of the world is a natural result
of this situation. The world of today is witnessing a virtual
economic unity, and also something approaching a ...


The Nineteenth Century Revival Of Roman Law Study In England And America, Charles P. Sherman Jan 1911

The Nineteenth Century Revival Of Roman Law Study In England And America, Charles P. Sherman

Faculty Scholarship Series

The present revival of Roman Law study in England and America is largely due to Sir Henry Maine. Sheldon Amos' loyal tribute deservedly extols the genius of Maine who "rescued the laws of Rome from the neglect into which they had fallen in England and established forever their essential relation to every system of law having an European parentage."'


Study Of Law In Roman Law Schools, Charles P. Sherman Jan 1908

Study Of Law In Roman Law Schools, Charles P. Sherman

Faculty Scholarship Series

Roman law, which furnished to the world the priceless gift of
a completed system of private law actually answering "to the true
nature of private law" is still "of great practical importance to
the American lawyer of the future,"
"The civil law, for purposes of comparative jurisprudence and
because of its more orderly and scientific arrangements, should
in its great outlines and essential character be made an element
of instruction to a greater extent than it is in our American
law schools;" and these remarks of Judge Dillon, sixteen years
ago, now re-echo with increasing force, if for no other ...


Contracts Exempting Employers From Liability For Negligence, George E. Beers Jan 1898

Contracts Exempting Employers From Liability For Negligence, George E. Beers

Faculty Scholarship Series

The negligence, real and imaginary, of employers of labor,
gives rise to a large proportion of the lawsuits of every industrial
community. Such actions are among the contingencies which
are expected and in recent years commonly insured against. To
avoid the expense of casualty insurance and the risks of not
insuring, the wit of the employer has devised various schemes
which have from time to time come before the courts. They
are intended to furnish a sort of cheap insurance. It is the
object of this article to bring in review some of the principal
authorities and seek what answer ...


Yale Law School, George E. Beers Jan 1893

Yale Law School, George E. Beers

Faculty Scholarship Series

This is to be a sketch of the Yale
Law School of to-day. While it is to
touch but lightly upon its history, it is
to outline its present condition, its
work and methods.