The Latin language is inferior to the Greek in subtlety and refinement
of expression, and is therefore far less adapted for metaphysical
speculation or poetical grace—for analysing the nicer diversities of
thought, or distinguishing the minuter shades of passion; but in the
enunciation of ethical truths and of judicial maxims, it possesses a
clearness, force, and majesty, to which no other form of speech can
approach. The great foundations of law are good morals and good sense,
and these, however simple and plain in their elements, are not mean or
common things. On the contrary, they are susceptible of the greatest
dignity of expression when embodied in words; and the language in which
their principles shall be clothed may be of the utmost importance in
rendering them both more portable in the memory and more impressive on
the heart. The Roman jurists of the later period of the Republic were
not careless students of the Greek philosophy; but they used it in their
juridical writings with a wise discretion, and in special reference to
the object of law, which is to lay down the broad rules of human conduct
and personal rights in a form easily understood, and capable of being
easily followed and faithfully observed by the mass of mankind.
The unequalled talent of the Roman people for political organisation is
evinced by the manner in which the imperial authority was maintained,
after the personal character of the nominal sovereigns had degenerated
to the very lowest point of profligacy and imbecility. Our Teutonic
ancestors had the wisdom to appreciate and adopt much of the machinery
which they thus found in operation; and the municipal governments, as
well as the judicial constitutions of Europe, are at this day influenced
by the models which were thus left. The Popedom itself, on whose
probable endurance for the future it would be hazardous to speculate,
but whose marvellous ascendancy in time past is beyond dispute, was
little else than an adaptation of the imperial organisation to
ecclesiastical objects. But the influence of the Roman law on other
nations was pre-eminently seen in the wide adoption of its general
scheme, as well as of its special rules and maxims. Even the law of
England—of all European systems perhaps the least indebted to the civil
law—is deeply imbued with the Roman spirit in some of the most important
departments of jurisprudence; and where the authority of the Roman law
cannot claim a submissive allegiance, it is yet listened to as the best
manifestation of the _Recta Ratio_ that can anywhere be found. The vast
experience of human transactions, and the endless complexities of social
relations, which the Roman empire presented, afforded the best materials
for maturing a science which was cultivated for noble objects by minds
of the highest order, and embodied in propositions of unrivalled power
and precision.
Public-domain text, read in full here on John Shaqi.
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