Lectures on the Growth of Criminal Law in Ancient Communities

Lectures on the Growth of Criminal Law in Ancient Communities

by Richard Robert Cherry
     
 

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Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally

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Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Product Details

ISBN-13:
2940025515418
Publisher:
Macmillan and co.
Format:
NOOK Book
File size:
243 KB

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LECTURE II. ANCIENT IRISH LAW. HHHE most instructive source which we possess for the study -- of ancient criminal jurisprudence is the Brehon Law of Ancient Ireland. " The very causes," as Sir Henry Maine says, " which have denied a modern history to the Brehon Law have given it a special interest of its own in our day through the arrest of its development." (a) The various compilations of Law are also valuable as the best source for the study of the early history of Ireland. Irishmen, however, almost alone of ./all nations of the earth, consider their national history unworthy of study. Consequently, little or no interest is taken in the Law Tracts from an historical point of view, while their value in reference to the study of comparative jurisprudence has been only recently recognised. " The Brehon Law," as Dr. Richey states, in the Preface to the third volume of the Law Tracts, " exhibits more completely than any other code the ideas of an early society, as to the whole body of acts included under the name of crimes and torts." Consequently, a study of primitive penal law will naturally begin with it. The antiquity of a system of law in one sense of the word does not at all depend upon its date. The English Law of Alfred is ancient; while the Roman Law of Justinian, which was some centuries prior to it in time, is extremely modern. (a) Early History of Institutions, Pref. p. viii. C The Irish Law, though much of it was written as late as the twelfth or thirteenth century, is extremely ancient; and the most archaic principles prevailed in it centuries after they had disappeared elsewhere. The Irish had undoubtedly attained to a very considerable degree of civilization betweenthe sixth and the eleventh centuries, and the study of law seems to have been very p...

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