See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• JURISPRUDENCE, COMPARATIVE

The See also:

• INTEREST

1. The See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

The loth century was an eminently historical and an eminently scientific See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

And the doctrine of transformation which came to occupy the central place in scientific thought was eminently fitted to co-See also:

• ORDINATE

D. See also:

• WHITNEY, ELI (1765-1825)
• WHITNEY, JOSIAH DWIGHT (1819-1896)
• WHITNEY, WILLIAM COLLINS (1841-1904)
• WHITNEY, WILLIAM DWIGHT (1827-1894)

He showed, for instance, how the idea of See also:

• PROTECTION

His Graeco-Roman legal history, his See also:

• JUS

His training made him especially See also:

• FIT

For him the comparison between the legal lore of See also:

• ROME
• ROME (Roma)

4. The literary group which started from the discoveries of comparative philology and history was met on the way by what may be called the ethnological school of inquirers. The original impetus was given, in this case, by jurists and historians whotook up the study in the field of ancient history, but treated it from the beginning in such a way as to break up the subdivisions of historic races and to See also:

• DIRECT

F. McLennan. His early volume (Studies in Ancient History, 1876) contains several essays published some time before that date. He starts from the wide occurrence of marriage by See also:

• CAPTURE (from Lat. capere, to take; Fr. prise maritime; Ger. Wegnahme)

See also:

• LANG, ANDREW (1844— )
• LANG, KARL HEINRICH, RITTER VON (1764-1835)

On the other hand, unexpected combinations in regard to family, property, social order, were discovered in every corner of the inhabited world, and our trite notions as to the See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

The order of his compositions is systematic, not chronological or even ethnographical in the sense of grouping kindred races together. He takes up the different subdivisions of law and traces them through all the various tribes which present any data in regard to them. His method is not only not See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

Yet we find it practised in the same way by See also:

• BASQUES

Gillen (1899), the whole range of ethnological jurisprudence was gone through by Wilken in regard to the inhabitants of the Dutch possessions in See also:

• ASIA

Westermarck challenged the sweeping generalizations indulged in by many ethnologists about primitive promiscuity in sexual relations and the necessary passage of all human tribes through the stages of matriarchy and group marriage. A very interesting departure was attempted by Dargun in his studies on the origin and development of property and his See also:

• TREATISE

See also:

• GROSSE, JULIUS WALDEMAR (1828—1902)

The See also:

• NECESSITY (Lat. necessitas)

Zeitschift fur vgl. Rechtswissenschaft,xii. 193 seq.) seem hardly adequate to dispel this impression. But in his own work and in that of some of his compeers and followers, J. E. See also:

• HITZIG, FERDINAND (1807-1875)

A hard and fast rule cannot be laid down in such cases, and everything depends on the weighing of evidence and sometimes on almost instinctive estimates. The use of a See also:

• WAGER (derived, through Fr. wagier, gagier, from Lat. vadiunz, a pledge)

See also:

• THOMSEN, GRIMUR (182o-1896)
• THOMSEN, HANS PETER JORGEN JULIUS (1826–1909)

N. okr,Ger. Wucher, &c. (W. Thomsen, Uber den Einfluss der germanischen Sprachen auf die Finnisch-lappischen, trans. E. Sievers, 1870, p. 166 seq.; cf. W. Thomsen, The Relations between Ancient See also:

• RUSSIA
• RUSSIA (Rossiya)

In addition to what has already been said on the subject in connexion with the literature of the historical school, we must point out that in the case of kindred peoples this form of derivation has, of course, to be primarily considered. This is especially the case when we have to deal with the original stock of cultural notions of a race, and when analogies in the framing and working of institutions and legal rules are supported by linguistic affinities. The testimony of the Aryan languages in regard to terms denoting to be most See also:

• FAMILIAR (through the Fr. familier, from Lat. familiaris, of or belonging to the familia, family)

(a) Now at this initial stage we have already to meet a difficulty and to guard against a misconception: we have namely to reckon with the See also:

• PLURALITY (0. Fr. pluralitd, Late Lat. pluralitas, plural number)

The process of reception, of the borrowing of one people from the other, plays a most notable part in the history of institutions and ideas. The See also:

• JAPANESE

They are instructive in so far as they go back, not to any continuous development, but to the fundamental, psychological and logical unity of human nature. In similar circumstances human beings are likely to solve the same problems in the same way. Take a rather See also:

• LATE

Observations as to disconnected analogies lead to attempts to systematize them from some comprehensive point of view. These attempts may take the shape of a theory of consecutive stages of development. Similar facts appear over and over again in ethnological and antiquarian evidence, because all peoples and tribes, no matter what their race and geographical position, go through the same series of social arrangements. This is the fundamental idea which directed the researches of Maine, McLennan, Morgan, Post, Kohler, although each of these scholars formulated his sequence of stages in a peculiar way. McLennan, for instance, puts the idea referred to in the following words: Their See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

And as such it has been realized and advocated by Kohler (see e.g. his article in Helmolt's World's History, Eng. trans. i.). Prompted by this conception several representatives of comparative jurisprudence have found no difficulty to insert such a peculiar institution as group-marriage into the general and obligatory course of legal evolution. It is to be noticed, however, that Kohler himself has entered a distinct protest against McLennan's and Post's view that the more rudimentary a people's culture is, the more archaic it is, and the earlier it has to be placed in the natural sequence of evolution: This would create difficulties in the case of tribes of exceedingly See also:

• LOW, SETH (1850- )
• LOW, WILL HICOK (1853- )

The place assigned to individualism and collectivism may be adequate or not; how far can be settled only by special inquiries. But the general trend of study initiated in this direction is certainly a promising one, if only one consideration of method is well kept in view. Investigators ought to be very chary of laying down certain combinations as the necessary outcome of certain economic situations. Such combinations or consequences certainly exist; pastoral husbandry, the life of scattered hunting groups, the conditions of agriculturists under feudal rule, certainly contain elements which will recur in divers ethnical surroundings. But we must not forget a feature which is constantly before our eyes in real life: namely, that different minds and characters will draw different and perhaps opposite conclusions in exactly similar outward conditions. This may happen in identical or similar geographical environment; let us only think of ancient Greeks and See also:

• TURKS

structure and life of society. Undivided succession, whether in the form of See also:

• PRIMOGENITURE

See also:

• MOMMSEN, THEODOR (1817–1903)

Hearn, The Aryan Household (1879); R. v. Jhering, Vorgeschichte der Indoeuropaer (1894) ; B. W. Leist, Graekoitalische Rechtsgeschichte (1884), Alt-arischesJusGentium (1889) ,Alt-arischesJusCivile (1892-1896) ; H ruza, Geschichte des griechischen and ri mischen Familienrechtes (1893); O. Schrader, Urgeschichte and Sprachvergleichung (189o), Reallexikon des indo-germanischen Altertumskunde (1901); B. See also:

• DELHI, DEHLI

F. McLennan, Studies in Ancient History (1876), Patriarchal Theory (1885), Studies in Ancient History (2nd series, 1896) ; See also:

• GIRAUD, GIOVANNI, COUNT (1776-1834)

Post, Aufgaben einer allgemeinen Rechtswissenschaft (1891), Die Anfange des Staatsund Rechtslebens (1878), Bausteine einer allgemeinen Rechtsgeschichte auf vergleichend-ethnologischer Basis (1881), Einleitung in das Studium der ethnologischen Jurisprudenz (1886), Grundlagen des Rechts and Grundziige seiner Entwickelungsgeschichte (1882), Studien zur Entwickelungsgeschichte des Familienrechts (1889), Afrikanische Jurisprudenz (1887), Grundriss der ethnologischen Jurisprudenz (1894); Wilken, Das Matriarchal im See also:

• ALIEN (Lat. alienus)

J. H. Grierson, The Silent See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF