be detected, I think, as the true source of many of their most
important and most durable characteristics. At the outset, the
peculiarities of law in its most ancient state lead us irresistibly to
the conclusion that it took precisely the same view of the family
group which is taken of individual men by the systems of rights and
duties now prevalent throughout Europe. There are societies open to
our observation at this very moment whose laws and usages can scarcely
be explained unless they are supposed never to have emerged from this
primitive condition; but in communities more fortunately circumstanced
the fabric of jurisprudence fell gradually to pieces, and if we
carefully observe the disintegration we shall perceive that it took
place principally in those portions of each system which were most
deeply affected by the primitive conception of the family. In one
all-important instance, that of the Roman law, the change was effected
so slowly, that from epoch to epoch we can observe the line and
direction which it followed, and can even give some idea of the
ultimate result to which it was tending. And, in pursuing this last
inquiry, we need not suffer ourselves to be stopped by the imaginary
barrier which separates the modern from the ancient world. For one
effect of that mixture of refined Roman law with primitive barbaric
usage, which is known to us by the deceptive name of feudalism, was to
revive many features of archaic jurisprudence which had died out of
the Roman world, so that the decomposition which had seemed to be
over commenced again, and to some extent is still proceeding.
Public-domain text, read in full here on John Shaqi.
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