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Updated: June 4, 2025
Although, however, there is strong probability that the Consensual Contracts were the latest-born into the Roman system, and though it is likely that the qualification, Juris Gentium, stamps the recency of their origin, yet this very expression, which attributes them to the "Law of Nations," has in modern times produced the notion of their extreme antiquity.
The principle is merely the principle of the Consensual Contract carried to its proper consequence; and, in fact, if the technical language of the Romans had been as plastic as their legal theories, these Pacts enforced by the Prætor would have been styled new Contracts, new Consensual Contracts.
How, then, can that be instanced as an example of volition, which occurs even when volition is antagonistic? We are quite aware that it is impossible to draw any absolute line of demarcation between automatic actions and actions which are not automatic. Doubtless we may pass gradually from the purely reflex, through the consensual, to the voluntary. Taking the case Mr.
The Consensual Contracts had, moreover, been classed in the Jus Gentium, and it was not long before this classification drew with it the inference that they were the species of agreement which represented the engagements approved of by Nature and included in her code. This point once reached, we are prepared for several celebrated doctrines and distinctions of the Roman lawyers.
Panmixia, however, as Weismann has shown, would probably be the most important factor in causing blindness. Darwin says: "A horse is trained to certain paces, and the colt inherits similar consensual movements." But selection of the constitutional tendency to these paces, and imitation of the mother by the colt, may have been the real causes.
I used this language on account of the advantage of a general expression, but it is not strictly correct unless it be understood to include the negative as well as the positive. For, in truth, the peculiarity of these Consensual Contracts is that no formalities, are required to create them out of the Pact.
These figures, while serious, are rendered less alarming than would appear at first sight by the large number of what the census-takers term "consensual unions" among the humbler classes, or cases where a man and woman, though not united by marriage ceremony, live together publicly as man and wife, rear a family and are as faithful to each other as if they were legitimately married.
A horse is trained to certain paces, and the colt inherits similar consensual movements. "Nothing," he continues, "in the whole circuit of physiology is more wonderful.
Their theory of Natural law must have led them to look with especial favour on the Consensual Contracts and on those Pacts or Conventions of which the Consensual Contracts were only particular instances; but they did not at once venture on extending to all Conventions the liberty of the Consensual Contracts.
1 Such sureties may accompany any obligation, whether real, verbal, literal or consensual: and it is immaterial even whether the principal obligation be civil or natural, so that a man may go surety for the obligation of a slave either to a stranger or to his master.
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