History of European Morals From Augustus to Charlemagne (Vol. 1 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 1 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
A third and still more important service which Stoicism rendered to
popular morals was in the formation of Roman jurisprudence.(545) Of all
the many forms of intellectual exertion in which Greece and Rome struggled
for the mastery this is perhaps the only one in which the superiority of
the latter is indisputable. “To rule the nations” was justly pronounced by
the Roman poet the supreme glory of his countrymen, and their
administrative genius is even now unrivalled in history. A deep reverence
for law was long one of their chief moral characteristics, and in order
that it might be inculcated from the earliest years it was a part of the
Roman system of education to oblige the children to repeat by rote the
code of the decemvirs.(546) The laws of the Republic, however, being an
expression of the contracted, local, military, and sacerdotal spirit that
dominated among the people, were necessarily unfit for the political and
intellectual expansion of the Empire, and the process of renovation which
was begun under Augustus by the Stoic Labeo,(547) was continued with great
zeal under Hadrian and Alexander Severus, and issued in the famous
compilations of Theodosius and Justinian. In this movement we have to
observe two parts. There were certain general rules of guidance laid down
by the great Roman lawyers which constituted what may be called the ideal
of the jurisconsults—the ends to which their special enactments tended—the
principles of equity to guide the judge when the law was silent or
ambiguous. There were also definite enactments to meet specific cases. The
first part was simply borrowed from the Stoics, whose doctrines and method
thus passed from the narrow circle of a philosophical academy and became
the avowed moral beacons of the civilised globe. The fundamental
difference between Stoicism and early Roman thought was that the former
maintained the existence of a bond of unity among mankind which
transcended or annihilated all class or national limitations. The
essential characteristic of the Stoical method was the assertion of the
existence of a certain law of nature to which it was the end of philosophy
to conform. These tenets were laid down in the most unqualified language
by the Roman lawyers. “As far as natural law is concerned,” said Ulpian,
“all men are equal.”(548) “Nature,” said Paul, “has established among us a
certain relationship.”(549) “By natural law,” Ulpian declared, “all men
are born free.”(550) “Slavery” was defined by Florentinus as “a custom of
the law of nations, by which one man, contrary to the law of nature, is
subjected to the dominion of another.”(551) In accordance with these
principles it became a maxim among the Roman lawyers that in every
doubtful case where the alternative of slavery or freedom was at issue,
the decision of the judge should be towards the latter.(552)
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