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
The Roman legislation was in a twofold manner the child of philosophy. It
was in the first place itself formed upon the philosophical model, for,
instead of being a mere empirical system adjusted to the existing
requirements of society, it laid down abstract principles of right to
which it endeavoured to conform;(553) and, in the next place, these
principles were borrowed directly from Stoicism. The prominence the sect
had acquired among Roman moralists, its active intervention in public
affairs, and also the precision and brevity of its phraseology, had
recommended it to the lawyers,(554) and the union then effected between
the legal and philosophical spirit is felt to the present day. To the
Stoics and the Roman lawyers is mainly due the clear recognition of the
existence of a law of nature above and beyond all human enactments which
has been the basis of the best moral and of the most influential though
most chimerical political speculation of later ages, and the renewed study
of Roman law was an important element in the revival that preceded the
Reformation.
It is not necessary for my present purpose to follow into very minute
detail the application of these principles to practical legislation. It is
sufficient to say, that there were few departments into which the catholic
and humane principles of Stoicism were not in some degree carried. In the
political world, as we have already seen, the right of Roman citizenship,
with the protection and the legal privileges attached to it, from being
the monopoly of a small class, was gradually but very widely diffused. In
the domestic sphere, the power which the old laws had given to the father
of the family, though not destroyed, was greatly abridged, and an
important innovation, which is well worthy of a brief notice, was thus
introduced into the social system of the Empire.
Public-domain text, read in full here on John Shaqi.
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