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INDEX.
409
JUS NATURALE.
MORTGAGOR.

Jus Naturale, its condition at the middle of the 18th century, 86.

——Rousseau, 87.

—— the French Revolution, 89.

—— equality of men, 92.

—— function of the law of Nature in giving birth to modern International Law, 96.

—— sources of the Modern Internanational Law of Capture in War, 246.

Justinian's "Institutes" quoted, 46.

—— referred to, 57.

—— "Pandects" of, 67.

—— "Corpus Juris Civilis" of, 68.

—— his modifications of the Patria Potestas, 143.

—— his scale of Intestate Succession, 219.


Kings, origin of the doctrine of the divine right of, 346.

Kingship, heroic, origin of, 9.


Lacedæmonian kings, authority of the, 10.

Land-law of England at the present day, 226.

Land and goods, English distinction between, 283.

Latifundia, Roman, mode of cultivating the, 299.

Law, social necessities and opinions always in advance of, 24.

—— agencies by which law is brought into harmony with society, 25.

—— ancient, 113.

—— theories of a natural state and of a system congenial to it, 113.

—— Grotius, Blackstone, Locke, and Hobbes,114.

—— theory of Montesquieu, 115.

—— Bentham, 117.

—— dissatisfaction with existing theories, 118.

—— proper mode of inquiry, 119.

—— the Patriarchal theory, 122.

—— fiction of Adoption, 130.

—— the archaic Family, 133.

—— the Patria Potestas of the Romans, 133.

—— agnatic and cognatic relationships, 146.

—— Guardianship of Women, 153.

Law, ancient Roman Marriage, 154.

—— Master and Slave, 162.

Leges Barbarorum, 297.

Leges Corneliæ of Sylla, 41, 42.

Leges Juliæ of Augustus, 41, 42.

Legis Actio Sacrament! of the Romans described, 375.

Legislation, era of 25.

—— considered as an agent by which the adaptation of law to the social wants is carried on, 29.

—— difference between it and legal fictions, 28, 29.

Lex Calpurnia de Repetundis, the first true Roman Criminal Law, 384.

Lex Plætoria, purport of the, 161.

Lidi of the Germans, 231.

Local Contiguity as the condition of community in political functions, 132.

Locke, John, referred to, 87.

—— his theory of the origin of law, 114.

Lombards, referred to, 114.

Louis Hutin, King of France, his ordinance quoted, 94.


Mahometan Law of Succession, 242.

Majority and Minority, meaning of the terms in Roman Law, 162.

Mancipation, Roman, 50, 204, 278, 317.

—— mode of giving the effect of Mancipation to a Tradition, 279.

Manus of the Romans, 317.

Marriage, ancient Roman, 154.

—— later Roman, 155.

Master and Slave, 162.

—— under the Romans, 163.

—— in the United States, 163.

Menu, Hindoo laws of, 6, 17, 18.

Merovingian kings of the Franks, 104.

Metayers, the, of the south of Europe, 301.

"Moniteur," the, during the period of the French Revolution, 92.

Montesquieu's "Esprit des Lois," remarks on, 86.

—— his Theory of Jurisprudence, 115.

—— Apologue of Montesquieu concerning the Troglodytes, in the "Lettres Persanes," 311.

Moral doctrines, early, 127.

Mortgagor, special proprietorship created by the Court of Chancery for the. 294.