FREE BOOKS

Author's List




PREV.   NEXT  
|<   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32  
33   34   35   36   37   38   39   40   >>  
wing a series of transactions between the same parties, nothing more than the epoch is of importance. As the material is arranged by epochs, there can be no question in this regard. If any evolution of process or any reference to former transactions is involved, so that the date is important, it is given. A collection of legal documents may be studied in a variety of ways. Perhaps the least productive plan is to ransack them for illustrations of a theory, or a particular point. When the theory is already well known, as in the case of Roman or mediaeval law, such a procedure is justifiable, but when the theory has to be made out, it is wellnigh inexcusable. Some valuable monographs have followed this method, but they can hardly expect to give permanent results. For comparative purposes our material is so new, and so little worked, that it is sheer waste of time to seek for parallels elsewhere until everything is clearly made out to which parallels are to be sought. The whole bulk of material must be read through and classified. Until this is done, some important point may easily be overlooked. The first attempts at classification will be provisional. A certain amount of overlapping is sure to occur. For example, slave sales obviously form a provisional group. But slaves were sold along with lands or houses. Shall these sales be taken into the group? The sales of lands may be another group. To which group shall we assign the sale of a piece of land and the slaves attached to it? To answer that question we may examine the sales of slaves and the sales of lands to see if either group has peculiarities, the recurrence of which in a sale of land and slaves might decide. But we soon find that a slave was sold exactly like a piece of land or any chattel. The only exception is that certain guarantees are expected with the slave, which differ from those demanded with a piece of land. On the whole, then, the chief group will be "sales," with subdivisions according to the class of property used. Hence we cannot assume that there was already present to legal consciousness a difference between real and personal property, or in any other sense that a slave was a person. He was a chattel. The classification which will be adopted is not one that will suit modern legal ideas. It depends on the form of document alone. If two documents have the same type of formula, they will be grouped together. A future revision will, no doubt, a
PREV.   NEXT  
|<   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32  
33   34   35   36   37   38   39   40   >>  



Top keywords:

slaves

 

theory

 

material

 

chattel

 
provisional
 

classification

 

parallels

 

property

 

question

 

documents


transactions

 

important

 

importance

 
decide
 
recurrence
 
peculiarities
 

exception

 

guarantees

 

series

 

answer


attached

 

houses

 

expected

 
assign
 

parties

 

examine

 
modern
 
depends
 

adopted

 
document

future
 

revision

 
grouped
 

formula

 
person
 

subdivisions

 

demanded

 
difference
 

personal

 

consciousness


present

 
assume
 

differ

 

valuable

 
monographs
 

inexcusable

 

wellnigh

 

studied

 
collection
 

method