Philosophy
The present volume is the second work published under the imprint of the Yale University Press in memory of Arthur P. McKinstry, who died in New York City, July 21, 1921. Born in Winnebago City, Minnesota, on December 22, 1881, he was graduated from Yale College in 1905, and i...
It must be borne in mind that "nature" did not mean to antiquity what it means to us who are under the influence of the idea of evolution. To the Greek, it has been said, the na...
6. Chapter 6Legal standards of conduct appear first in Roman equity. In certain cases of transactions or relations involving good faith, the formula was made to read that the defendant was...
4. Chapter 4Transition from the idea of law as a device to keep the peace to the idea of law as a device to maintain the social _status quo_ may be seen in the proposition of Heraclitus, th...
12. Chapter 12With increasing pressure of the social interest in the security of transactions through economic development and commercial expansion, the natural-law philosophy slowly affected...
10. Chapter 10Grotius and Pufendorf may be taken as types of the older natural-law theories of property. According to Grotius, all things originally were _res nullius_. But men in society cam...
3. Chapter 3Others in England and America turned to a utilitarian-analytical theory. The legislator was to be guided by a principle of utility. That which made for the greatest total of ind...
1. Chapter 1The present volume is the second work published under the imprint of the Yale University Press in memory of Arthur P. McKinstry, who died in New York City, July 21, 1921. Born i...
8. Chapter 8Modern law has given up both the nominate delicts and quasi-delict, as things of any significance. The French civil code made the idea of Aquilian _culpa_ into a general theory...
7. Chapter 7A like conclusion is suggested when we look into the related controversy as to the respective provinces of common law and of legislation. Inheritance and succession, definition...
9. Chapter 9An ingenious explanation of the doctrine of _Rylands_ v. _Fletcher_ by means of the economic interpretation of legal history demands more notice. We are told that the English co...
13. Chapter 13No one of the four theories of enforcing promises which are current today is adequate to cover the whole legal recognition and enforcement of them as the law actually exists. Pu...
11. Chapter 11Self-acquired property, the second disintegrating agency, may be seen in Hindu law and also in Roman law. In Hindu law all property is normally and _prima facie_ household prope...
5. Chapter 5Let us apply some of the other theories which are now current. The Neo-Hegelians say: Try the claims in terms of civilization, in terms of the development of human powers to the...
14. Chapter 14Reference may be made to the appendices to Jhering, Law as a Means to an End, transl. by Husik; Berolzheimer, System der Rechts- und Wirthschaftsphilosophie, II, § 43 (World's L...
15. Chapter 15Interests, 89-90 compromises of, 94-95 delimitation of, 192 giving effect to, 90 group, 225 harmony of, 96 individual, in promised advantages, 236 intrinsic importance of, 95 in...