Henry Maine,

 Chapter IX on the contract in the early history of
times we live in, can see and immediately agreed to accept a general proposition is a statement that today's society and our social history before the main difference between the point of ; is the share of the social contract is the size of the range. This statement is based, in some cases are often brought attention, criticism and praise. We will never not been to carefully ignore: in countless cases, the old law is not changed when people were born to determine a person's social status, the law allows him to use modern methods to their own agreement creating social status; really, there are several exceptions to this requirement constantly being discarded under the lively indignation. For example, slavery, to now being violently argued, the real point of dispute is: what is the status of slaves not belong to the past system, and as between employers and workers to meet the unique relationship between the modern moral, what is not entirely determined by the contract of a relationship. admitted that between past and present differences is the essence of the most famous modern thought. It is certain that ; considerable progress today the only ethical research department, it will, and do not conform to the facts of life, if the Some of them only recently allowed to decide their own behaviors in the form of freedom. by the political economy of training most people have such a prejudice, that their science is based on the general truth is likely to become universal the truth, and, when they use it as an art, they generally focus on expanding the contract accumulation of wealth can not keep pace with the various activities; even in the least progressive society, the law has gradually tended to become a mere surface, below it, there is a constantly changing set of provisions with the contract, unless the order to forced to follow a few basic principles or to punish violation of the credit must demand laws, the law rarely interfere with the provisions of these contracts. social studies, because they must rely on the legal phenomenon known, is in a very backward state, so we found that the truth is not popular with today's everyday language related to social progress are recognized, it is not surprising. These everyday language more in line with our prejudices, and not in line with our beliefs. When the become a problem, the vast majority of people are more strongly considered regardless of the moral progress, many of us do not want to admit that we almost instinctively that all the goodwill and trust of our compatriots will be more widely spread than in ancient times rather than admit we have manners in contemporary and ancient world of energy comparable to the loyalty of things. Sometimes these preconceptions momentum is greatly enhanced by fraud, such fraud is that they are have not heard before seen, and its people horrified criminal conduct, but also for its complex and amazing. but the nature of fraud clearly shown: they made possible, before they are destroyed moral obligation must have been more than a certain percentage of development. As Benedict word meaning most people, not Gu Xinyi gave the convenience of a few people, so when the great events of the dishonesty, the inevitable conclusion that the transactions in the general have shown a prudent and just, and only in exceptional cases only to the offender opportunity to exploit. If we keep reflecting on the Law of view from the moral history, and look toward our not in a The latest chapter is an attempt to In their opening times and we are separated by the middle of a very shallow moral has gone from concept to advance the concept of a highly refined mm from the property as an absolute sacred, just as one-sided development of the credit to the rights arising as a right protected by criminal law.
various specific theories of jurists, at this point, no better than the views of ordinary people closer to the truth. trial lawyer from the Roman view, we found that their views and moral and legal progress does not meet the true history. In a class of contract in order to guarantee the Contracting Liangzao as the only element of goodwill, the contract they are particularly known as the While no doubt these contracts no later than the Roman system generated, but the language they use, if we can draw the meaning of words, real contains: These contracts than in Roman law dealt with some other form of agreement should ancient, neglected in a special procedure in Roman law procedures should be like the misunderstanding or deception as to the responsibility of damage. Yet they are ancient so-called argument, is vague, ambiguous, is only through the can understand; so-called family way of thinking is no longer able to understand after a time to understand the term. Rousseau both a legal and popular error. and Science upon Morals) mm This is his first notable work, and most of his representation of his views without reservation made him a person of a school's first works of mm, he has repeatedly pointed out that the ancient Persians honesty and good faith, believe that these are the characteristics of primitive innocence, has been gradually destroyed by civilization's; to a later period, he put all his theories entirely on one of the original . The so-called pure theory. First of all attracted by its famous British people so attached to it, mainly due to the political use of it, but, just as I explained, if the politician is not long to be argued in legal terms, they will never could reach it. At the same time the British author of this theory is not far-reaching implications for this theory but not a loss, because the French people is the result of this recommendation to its successor. French book shows that: They believe that this theory can be used to explain all political phenomena, but also can explain all social phenomena. They see their time has been a very striking fact that the reality of human beings to comply with regulations, large parts are from the set, only a few are from the ; law from various theoretical divine. In another thought stage, they may meet their theory in a clever hypothesis or stay in a convenient case of oral formula. but this time it is in the law under the rule of superstition. authenticity and clarity.
our own generation has rejected the legal theory of these errors, in part because we have more than they are in mental state, in part because we have almost completely stopped and then carried out on such topics reasoning. love of the people happy to present the work, and answer the origin of our ancestors held the social status of the work of pure theory, is before us now exist and the analysis of social activities; However, the lack of history help This analysis is often degraded to become a curiosity of the activities is in vain and not particularly easy for researchers to understand and learn to see that he is very different social status. with our own moral values to assess the age of the people of other times , the error of modern society as the assumption of a wheel of each machine, every screw in the more primitive society, has its counterpart as an error. In the history of modern style, the works written in such a wide image reproduction , and very cleverly concealed themselves; but I also found the field of jurisprudence traces of them, such as Montesquieu generally interspersed in his ; caveman moral values in the author intended, and is used to expose this century and last century has been the threat of an anti-social heresy, this is true, blameless; but if the inference from it and get is: a society about and agree on the fair if not given a sacred nature, and this sacred and a mature civilization, the respect given similar, this society can not be together, then it contains an error will be very serious It will enable us to make the right legal history can not be understood. The fact is that the , you must first understand the point is that individuals do not create any rights for its own, nor any of its obligations under its own set. he should abide by the rules, first of all from his place of birth, followed by one from him as The head of the household members to his gag order. In this system, very few For any of its subordinate members of the family of a person trying to make the agreement binding the family have the right to ignore them. Indeed, the family may enter into contracts with other family, the patriarch and the patriarch was the conclusion of contracts, but in the nature of such transactions and property so that with the same and, similarly, there are a lot of red tape, as long as one is ignored in the performance of the details is enough to invalidate obligations. As a person, then another person to be trusted and have a positive obligation, is the slow progress of civilization, one of the trophies. Whether is the , we can note that we allow some of the habits of a practice has not fully developed and do not believe these flagrant acts of injustice are often referred to, actually there is no criticism, and sometimes counter to be commended. For example, in Homer's Literature and excellent Lie Xishi cunning fraud, and the Nasdaq seems to be tuo (Nestor) to consider the wisdom of informed, Hexagon tuo (Hector) the persistence and the Asian economic Rees (Achilles) in the same gallant hero of a virtue . the ancient law, in particular made me see the rough form and maturity of the Weapons sanctions, not a fair contract, but allowed to attach a solemn ceremony about. ceremonies are not only allowed the same about their own importance, the ceremony and also some more important than the allowed; for mature jurisprudence focuses on carefully Analysis According to the oral agreement for a specific mental conditions, and in the ancient law is attached to the ceremony focuses on the words and actions. If a form is missing or wrong, the pledge can not be forced, however, On the other hand, if all forms properly and completely carried out by that, then even if the fair is about to make under the threat or deception to justify, it is wasted. from such an ancient view changes as a ;'s familiarity with the concept, the conversion process in the history of jurisprudence is clearly visible. In the beginning, the ceremony has omitted a step or two; then the other also simplified or ignored under certain conditions; Finally, a few special contracts separate from other contracts, permit to conclude without any ceremony, set about, this contract are some of the selected activities and social interaction forces depend. heart from the red tape of the agreement, but very slow to significantly isolated, and gradually become the sole focus of legal experts elements of interest. This act of mind, said agreement by the outside world, the Romans called a In order to ensure the authenticity and in order to ensure prudent and careful when adding reservations. a Latin Grammar, metaphor in particular and lasting. the people under a contract agreement bound by a strong or chain linked together, this concept has been continued until the end of the Roman , it and all kinds of modern concepts mixed up. Then in this Nexum or constraints, what cover? passed down from one Latin American archaeologists a definition that is Nexum and each with a copper weighing transactions (omne quod geritur per fs et libram), these words have caused a lot of doubts. copper and weighing the ceremony, through this ceremony, because such a definition seems to re), on the right in (right in rem), which right in personam), that claims all mixed together to distinguish between purely theoretical point of view the ability to mistakenly believe that belonging to a state of mind unformed society arising. We have not misunderstood the state of social affairs signs to prove that and see, we have the Roman law have sufficient knowledge so that we can provide some time in various legal concepts sprouting of Law and legal terminology follows the transformation of the way around. They seem to have experienced the change from general to specific a change; or, in other words, the ancient concepts and terminology is in the ancient process of gradual specialization. an ancient legal concept of the equivalent of not one but several modern concepts. an ancient technical term may be used many things, these things were in the modern law with a variety of different names. If we study the history of the next stage of jurisprudence, we can see that the concept of the secondary to be freed gradually, the old general's name is to replaced by special names. the old general concept has not been forgotten, but it was no longer include it at first, including one or several point of view. so the same, the technical terms of ancient remains, but it is only the implementation of its previous once with a number of functions. We can in many ways to prove this phenomenon. For example, the kinds of be attributed to a name under. ancestors powers, whether it is the material property of the family or mm for cattle, sheep, slaves, children or wife, mm is the same as the exercise of the system. We can not absolutely determine the power old Roman name, but we have strong reason to believe: Manus (manus) can represent various degrees of power, you can know the ancient power of the general term for a Manus. However, when little progress Roman the latter, the name and concept are the specialized. children, known as the father the right to mm, for those who have been their ancestors sold their labor free of others who, as a result of Man corporate Pa mm, their son, is still the Manus. you can see, The old text is not completely abolished, but restricted the rights it had previously expressed a particular exercise of it. This example allows us to understand the nature. Everything must type behavior may be only at the beginning of a solemn ceremony in Rome, its name in the past seems to Nexum. In the past the property to be used with the same form, then it seems to just be used for conclusion of a contract. But after a little time, we arrived at such a time, when a of change. did not mean to imply: these include several concepts together into a concept can not have other ideas than the old number, or the formation of several ideas, they can not have a concept than others the concept of a significant advantage, and living on top of them. Why is a legal concept, including several concepts will continue long-term, a term that will replace a few terms, the reason no doubt is because in primitive societies, people often have the opportunity to pay attention or before the name given to the appropriate law in practice is already changed. Although we have said, feel, people's minds, in the brain, because no one found a reason to bother to study it. this, in the In this particular make and and all other so gradually and occurred between a huge difference in practice, only to make this so and be treated separately, even so, they still need to go through a few centuries later, the law was modified by Man this enterprise Padi nominal charge, but as a useless encumbrance to be removed, and agreed to , we can not on the applications, then through the actual test was a significant effect, be recognized as a separate transaction. While the following description of the process is out of speculation, but not entirely without foundation. We try to cash transactions as a Dixon, to a balance scale. through the prescribed formalities, the slave was transferred to the buyer by the Secretary mm copper block weighing scale before, and then transferred to the seller. In this transaction to continue the process, we call Nexum, the sale of Nike asked the parties; but one when the transaction is completed, Nexum to halt, the seller and buyer shall cease to have their relationship because it produced a temporary name. Here, we test according to Business History the development of a step forward. assumes the slave is transferred, but did not pay for it. In this case, the seller said Nexum is completed, and when he handed over his property, he is no longer is resistant to Ke Susi (nexus); but the buyer said Nexum are continuing. on the part of his terms, the transaction has not yet completed, he is still considered to be resistant to Ke Susi. Therefore, we can see that this is the same term in one hand, the transfer of financial products kinds of programs are entirely in the form, in this program and nothing transferred, and nothing to pay; This suggests a more advanced business transactions, a sale and purchase agreement entered into force in future (executory Contract of Sale). < br> If the general opinion and professional opinion, the really long regarded a contract that is not completely give up, the importance of this truth is a number of reasons. In the last century, the human pure state of nature in a variety of theories have been summarized as a doctrine, that If the reverse of this proposition may be closer to reality. On the other hand, historically considered, home that is particularly difficult to explain things, I mean is: a very ancient legal systems are generally very Keku the debtor and the creditor to give too much power. When we once understand Nexum was artificially extended to a certain amount of time the debtor, we can better understand his position before the public and law. His liabilities no doubt be considered a variation of cases, while the suspension of payment is generally considered a ruse and the strict provisions of a distortion. On the contrary, everything in the transaction to complete its task CKS local people who will man the respect; it is natural to make an emergency weapons at his disposal in order to oblige the process is complete, this procedure strictly speaking is not extended or delay should be allowed.
Therefore, the In the end, the word and a period, that allowed those parties about the procedure than the procedure with the sanctity of the period higher, then there is a great distance. To illustrate this period the nature of the changes to be slightly beyond the scope of this in addition, to examine the Roman legal experts on the agreement He agreed to abide by or comply with inaction. Second, is subject to some who said he expected the offer made by one's allowed to fulfill its about. view, these clearly not enough to be a (or What is a or and it held its own a different doctrine, and to their own moral or metaphysical theory as a support. law tainted the image of the lock and infiltration of the Roman bound together only by the chain known as the settlement (solutio) of the program to discharge, discharge is a figurative language, English in the consistency, that the Roman legal language to another is difficult to explain in any other case characteristics, the Romans, later, in almost all cases, once the mm that is in addition to a complete phase of the agreement, they also need something to attract the ;, class . each type of contract are actually named in accordance with certain procedures, these procedures are in addition to the agreement just outside contracting Liangzao necessary. In then, must go through a form of words attached to the method lock on it. in the effect, in the understanding; But if they cease to advance, they live in mutual obligations that can not be forced to perform or in violation of the letter to request some relief. But if they complied with certain prescribed formalities, the completed, and adopted its name as a special way. As an exception to this practice will be elaborated below.
in front, I was listed in four categories based on historical order of the But Rome is not the author of the textbook are invariably in accordance with this order. There is no suspect. the ancient use of is a the concept of a relationship in addition to the simple people who desired additional elements necessary for outside. They become a , the first is the concept of the chain, which the contracting Liangzao together, and this become a ...