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Full-Text Articles in Legal History

Debt Of Modern Japanese Law To French Law, Charles P. Sherman Jan 1918

Debt Of Modern Japanese Law To French Law, Charles P. Sherman

Faculty Scholarship Series

"Rome," says the great Jhering,"conquered the world three times: first by her armies, second by her religion, third by her law. This third conquest, most pacific of all, is perhaps the most surpassing of all." Not the least among
the juridical conquests of Roman law is modern Japanese law via the world-influence of French law.
The story of the creation and development of the present law of Japan, through vivifying contact with western civilization, which began barely half a century ago, is nothing short of marvelous.
Modern Japan had its beginning irs 1868, when the Shogunate
was destroyeda nd ...


The Indebtedness Of Modern Jurisprudence To Medieval Italian Law, Charles P. Sherman Jan 1913

The Indebtedness Of Modern Jurisprudence To Medieval Italian Law, Charles P. Sherman

Faculty Scholarship Series

How much the world owes to Italian genius and labours!
For Italy is "the mother of us all." The lamp of civilization
has been handed on from Rome to modern nations by Italian runners. By Italy learning was re-established and the fine arts revived; Italy is truly called "the mother of universities and the saviour of learning." European commerce was originally revived by Italy, after the flood of barbarian invasions of Europe had spent itself. By Italians Roman law was recovered from antiquity, adapted for use in later times, and forever implanted as a living force in our modern civilization.


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.'


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."'