Pandects of Justinian, a system to which few faults can be attributed
except it perhaps aimed at a higher degree of elegance, certainty, and
precision, than human affairs will permit to the limits within which
human laws seek to confine them.
It is a singular result of that ignorance of Roman law which
Englishmen readily confess, and of which they are sometimes not
ashamed to boast, that many English writers of note and credit have
been led by it to put forward the most untenable of paradoxes
concerning the condition of human intellect during the Roman Empire.
It has been constantly asserted, as unhesitatingly as if there were no
temerity in advancing the proposition, that from the close of the
Augustan era to the general awakening of interest on the points of the
Christian faith, the mental energies of the civilised world were
smitten with a paralysis. Now there are two subjects of thought--the
only two perhaps with the exception of physical science--which are
able to give employment to all the powers and capacities which the
mind possesses. One of them is Metaphysical inquiry, which knows no
limits so long as the mind is satisfied to work on itself; the other
is Law, which is as extensive as the concerns of mankind. It happens
that, during the very period indicated, the Greek-speaking provinces
were devoted to one, the Latin-speaking provinces to the other, of
these studies. I say nothing of the fruits of speculation in
Alexandria and the East, but I confidently affirm that Rome and the
West had an occupation in hand fully capable of compensating them for
the absence of every other mental exercise, and I add that the results
achieved, so far as we know them, were not unworthy of the continuous
and exclusive labour bestowed on producing them. Nobody except a
professional lawyer is perhaps in a position completely to understand
how much of the intellectual strength of individuals Law is capable of
absorbing, but a layman has no difficulty in comprehending why it was
that an unusual share of the collective intellect of Rome was
engrossed by jurisprudence. "The proficiency[6] of a given community
in jurisprudence depends in the long run on the same conditions as its
progress in any other line of inquiry; and the chief of these are the
proportion of the national intellect devoted to it, and the length of
time during which it is so devoted. Now, a combination of all the
causes, direct and indirect, which contribute to the advancing and
perfecting of a science continued to operate on the jurisprudence of
Rome through the entire space between the Twelve Tables and the
severance of the two Empires,--and that not irregularly or at
intervals, but in steadily increasing force and constantly augmenting
number. We should reflect that the earliest intellectual exercise to
which a young nation devotes itself is the study of its laws. As soon
as the mind makes its first conscious efforts towards generalisation,
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