Independently of its influence on individual municipal systems, the
Roman law deserves to be carefully studied, as affording the easiest
transition, and the best introduction, from classical and philosophical
pursuits to the technical rules and scientific principles of general
jurisprudence. From Aristotle’s Ethics, or from Cicero De Officiis, the
passage is plain and the ascent gentle to the Institutes of Gaius and
Justinian; and these, again, are the best preparation for the perusal of
Blackstone or Erskine. It ought, indeed, to be considered as a great
privilege of the law-student that his path lies for so great a portion
of its early way through a region which has been rendered so pleasing
and attractive by the labours of the eminent men whom we have now named,
and who combine so much charm of style and correctness of taste with so
much practical wisdom and useful philosophy.
Hitherto, we think, there has been a great, or rather an utter, want in
this country of any good Institute of the civil law, that could safely
and efficiently guide the student in his early labours, or assist him in
his more advanced progress. The elegant and admirable summary given by
Gibbon in his History, cannot, without much comment and expansion, be
made a book of instruction; but we feel assured that this want which we
have noticed is supplied by the work now before us. Lord Mackenzie’s
book, though bearing the popular and modest title of ‘Studies in Roman
Law,’ is truly an Institute, or didactic Exposition, of that system,
where its elements and leading principles are laid down and illustrated
as fully as a student could require, while a reference is made at every
step to texts and authorities, which will enable him to extend and
confirm his views by a full examination of original sources. The
enunciation of the legal principles is everywhere given with great
brevity, but with remarkable clearness and precision, and in a manner
equally pleasing and unpretending. The comparison which is at the same
time presented between the Roman system and the laws of France, England,
and Scotland, add greatly to the attraction as well as to the usefulness
of the work.
At the risk of appearing to resemble the man in Hierocles who carried a
brick about with him as a sample of his house, we shall here offer a few
extracts in illustration of the character of the work and its style of
execution, premising that the passages we have selected have reference
to topics more of a popular than of a scientific kind.
The interest attaching at present to questions of international law, and
to the rights of belligerents, will recommend the passages on those
subjects which here follow:—
Public-domain text, read in full here on John Shaqi.
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