Elaborate legal enactments codified in Babylonia by the 10th century B.C. find striking parallels in Hebrew, late Jewish (Talmudic), Syrian and Mahommedan law, or in the unwritten usages of all ages; for even where there were neither written laws nor duly instituted lawgivers, there was no lawlessness, since custom and belief were, and still are, almost inflexible.
When Aristotle at the age of eighteen came to Athens, Plato, at the age of sixty-two, had probably written all his dialogues except the Laws; and in the course of the remaining twenty years of his life and teaching, he expounded " the socalled unwritten dogmas " in his lectures on the Good.
Legal rights are everywhere taking the place of unwritten customs. Land, which was before merely a source of livelihood to the cultivator and of revenue to the state, has now become the subject of commercial speculation.
The results are open to criticism in details, but form on the whole a remarkable achievement in the conversion of unwritten and highly technical law into a body of written law sufficiently clear to be administered by officers to many of whom its ideas and language are foreign.
There was therefore a written Platonism for Aristotle to read, and an unwritten Platonism which he actually heard.
Like the Gaulish druids described by Caesar, the poet (fili) and the druid possessed a huge stock of unwritten native lore, probably enshrined in verse which was learnt by rote by their pupils.
This unwritten law in some districts is supreme."
Unwritten terms, Darkyn called them.
What about the unwritten terms?
Only some unwritten rule forbade men from expressing their feelings with a flood of tears.
General Grant had served two terms (1869-1877), and the unwritten law of custom condemned his being given another.
Like the high court, the court of burgesses had also its assizes 4 - a body of unwritten legal 4 As was noticed above, there were apparently separate assizes for the three principalities, in addition to the assizes of the kingdom.
If there was thus only a customary and unwritten law (and William of Tyre definitely speaks of a jus consuetudinarium under Baldwin III., quo regnum regebatur), then the "Letters of the Sepulchre" are a myth - or rather, if they ever existed, they existed not as a code of written law, but, perhaps, as a register of fiefs, like the Sicilian Defetarii.
They preferred an unwritten law, as Prutz suggests, partly because it suited the barristers (who often belonged to the baronage, for the Frankish nobles were "great pleaders in court and out of court"), and partly because the high court was left unbound so long as there was no written code.
In the 13th century it became necessary for the legists to codify, as it were, the unwritten law, because the upheavals of the times necessitated the fixing of some rules in writing, and especially because it was necessary to oppose a definite custom of the kingdom to Frederick II., who sought, as king of Jerusalem, to take advantage of the want of a written law, to substitute his own conceptions of law in the teeth of the high court.
Along with the Bible we must accept unwritten traditions; the Council of Trent makes this perfectly clear.
The same council defines not indeed dogma but faith - inseparable from dogma - as4 (1) revealed, (a) in Scripture or (b) in unwritten tradition, and (2) taught by the church, (a) in formulated decrees, or (b) in her ordinary magisterium.
In the unwritten lectures of his old age, he developed this formal into a mathematical metaphysics.
Aristotle had no sympathy with the unwritten dogmas of Plato.
Accordingly in this dialogue he attacked Plato's fundamental position, both in its written and in its unwritten presentment, as a.
The Theodosian Code and the Breviary of Alaric alike seem to imply a continuance of the municipal system which had been established by the Romans; nor does the later Lex Visigothorum, though avowedly designed in some points to supersede the Roman law, appear to have contemplated any marked interference with the former fora, which were still to a large extent left to be regulated in the administration of justice by unwritten, immemorial, local custom.
In many castles, and perhaps in most, the discipline followed simply a natural and unwritten code of " fagging " and seniority, as in public schools or on board men-of-war some hundred years or so ago.
Unyoro has played rather an important role in the past (unwritten) history of Equatorial Africa as being the region from which the ancient Gala (Hamitic) aristocracy, coming from Nileland, penetrated the forests of Bantu Africa, bringing with them the Neolithic civilization, the use of metals, and the keeping of cattle.
"unwritten"), the name given to certain utterances ascribed, with some degree of certainty, to Jesus, which have been preserved in documents other than the Gospels, e.g.
His charters to landowners and burghs (charters not being novel in Scotland, but now more lavishly conferred) substituted written documents for the unwritten customs of Celtic tenure, and converted the under kings of provinces into earls of the king, while vice-comites, or sheriffs, administered local justice in the king's name, though Celtic custom still prevailed, under a thin veneer of law, in the Celtic regions, as in Galloway.
The Arab has built his social structure on the Koran, which inculcates absolutism, aristocracy, theocracy; the Berber, despite his nominal Mahommedanism, is a democrat, with his Jemda or " Witangemot " and his Kanum or unwritten code, the Magna Carta of the individual's liberty as opposed to the community's good.
All of them recognize a common code or unwritten law called Pukhtunwali, which appears to be similar in general character to the old Hebraic law, though modified by Mahommedan ordinances, and strangely similar in certain particulars to Rajput custom.
To the protection of trade-mark and copyright, to the execution of foreign judgments, to the reception of evidence, and to actions by and against foreigners; (6) promulgating written rules of international law, upon topics previously governed, if at all, only by unwritten custom, with reference e.g.
As political writers imagined a patriarchal innocence prior to codes of law, so men of letters sought in popular unwritten poetry the freshness and simplicity which were wanting in the prevailing styles.
In the earlier part of his Meletemata (1830) he took up the question of written or unwritten literature, on which Wolf's whole argument turned, and showed that the art of writing must be anterior to Peisistratus.
The chief motive for his journey was love of travel and antiquarian study, and it seems never to have occurred to him, till he was warned by Tiberius, that he was thereby transgressing an unwritten law which forbade any Roman of rank to set foot in Egypt without express permission.
For the content of morality we are necessarily referred, in great part, to the experience crystallized in laws and institutions and to the unwritten law of custom, honour and good breeding, which has become organic in the society of which we are members.
He introduced several internal reforms, codified the written and unwritten laws of the country, established a printing press, Greek monastic schools, and also a Latin school.
They are the last stage and climax of a gradual process of compilation and crystallization, so to speak, of unwritten church custom; and a short account of this process will show their real importance and value.
There is a further distinction between the written law, jus scriptum, laws made by the councils or popes, which are to be found in the collections, and the unwritten law, jus non scriptum, a body of practical rules arising rather from natural equity and from custom than from formal laws; with this is connected the customary law.
In the Church, as in other societies, it has happened that the unwritten customary law has undergone a gradual diminution in importance, as a consequence of centralization and the accumulation of written laws; nowadays it need not be reckoned with, save in cases where local customs are involved.
Of course, we might seek to infer an unwritten tradition of Christ's words; but without pedantic ultra-Protestant devotion to written scripture, one may distrust on scientific grounds the attempt to reconstruct tradition by a process of inference.
But the sanctions of this law were vaguely and, for the most part, feebly imagined; its principles were essentially unwritten, and thus referred not to the external will of an Almighty Being who claimed unquestioning submission, but rather to the reason that gods and men shared, by the exercise of which alone they could be adequately known and defined.
More than ever was Boris resolved to serve in future not according to the written code, but under this unwritten law.
While Prince Andrew went to report about the purple-faced general, that gentleman--evidently not sharing Boris' conception of the advantages of the unwritten code of subordination--looked so fixedly at the presumptuous lieutenant who had prevented his finishing what he had to say to the adjutant that Boris felt uncomfortable.
He would say a lot of pleasant things, ask you to dinner" ("That would not be bad as regards the unwritten code," thought Boris), "but nothing more would come of it.
Their only obligation to the Turkish government is to furnish a contingent in time of war; the only law they recognize is either traditional custom(adet) or the unwritten Kanun-i Leks Dukajinit, a civil and criminal code, so called from its author, Leka Dukajini, who is supposed to have lived in the 13th or 14th century.
Thus the story of the legists shrinks down to the regular myth of the primitive legislator, used to give an air of respectability to law-books, which really record an unwritten custom.
Among these may be mentioned his Brief Outline of the Evidences of the Christian Religion (1825), which passed through several editions, and,; was translated into various languages; The Canon of the Old and New Testament Ascertained; or the Bible Complete without the Apocrypha and Unwritten Traditions (1826); A History of the Israelitish Nation (1852), and Outlines of Moral Science (1852), the last two being published posthumously.
By them a written law has been substituted for that unwritten law which nations had been wont to construe with a latitude more or less corresponding to their power.
The title Elementorum philosophise sectio tertia, De dive, expresses its relation to the unwritten sections, which also comes out in one or two back-references in the text.