British Quarterly Review, American Edition, Vol. LIV: July and October, 1871Various
History
British Quarterly Review, American Edition, Vol. LIV: July and October, 1871
Various
English periodicals
Religion, then, gave no moral rule, or at least none to individuals.
M. de Champagny ('Les Césars,' iii. p. 4) remarks, with great truth,
that so far as it had a moral code at all, that code and its sanctions
touched, not the individual man, but the State. Its morality was that
of the family, and through the family that of the city. Its object was
the prosperity, the glory, the aggrandisement of the public welfare.
The Roman virtues--courage in war, moderation in peace, economy in
private life, fidelity in marriage, these were patriotic virtues,
taught and practised as such.' What, then, was the moral code of the
early Romans? It was, as this passage suggests, the fundamental and
original law of the Roman people. Arnold well points out[9] that this
and this alone was the real moral law of the heathen nations in
general. In this sense their only standard of right and wrong was
human law; but not exactly what we mean when we speak of human law,
because we live in a state of society in which new laws are
continually passed; and to imagine that the 'statutes at large' could
be the real rule and measure of right and wrong, would go beyond the
possible limits of human credulity. But among the ancient nations new
laws were comparatively very rare. The Romans themselves had a great
system of what Jeremy Bentham used to call 'judge-made law.' This grew
to its perfection at rather a late period of the Empire, and still
forms the foundation of most of the systems of law existing in
Europe. It is not of this, however, that we are speaking. Of what we
should call statutes, there were passed in the whole of their history
very few. Only 207 in all are recorded as having been enacted in the
whole period of the Republic, and of these no less than 133 were
passed just at the latest period of its decay.[10] Their greater
frequency at this period was considered one of the signs of national
degeneracy, for it was a proverb, _corruptissimâ republicâ plurimæ
leges_. In fact, at Rome in its best days there can hardly be said to
have existed any machinery for making new statutes. There was, as we
understand the word, no legislative assembly. The judicial system out
of which grew the code of law to which we have referred already
existed; and when it was necessary, one of those grave changes which
are known among our kindred on the other side of the Atlantic as
'amendments of the constitution,' could be made by a vote of the whole
Roman people. To get one of these passed was often, during the best
periods of the Republic, a matter requiring years of furious struggle.
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