Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 1Hallam, Henry
History
Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 1
Hallam, Henry
Literature, Modern -- History and criticism
76. The later expositors of law, those after the age of Accursius, are
reproached with a tedious prolixity, which the scholastic refinements of
disputation were apt to produce. They were little more conversant with
philological and historical literature than their predecessors, and had
less diligence in that comparison of texts, by which an acute
understanding might compensate the want of subsidiary learning. In the
use of language, the jurists, with hardly any exceptions, are uncouth
and barbarous. The great school of Bologna sent out all the earlier
glossers. In the fourteenth century this famous university fell rather
into decline; the jealousy of neighbouring states subjected its
graduates to some disadvantage; and while the study of jurisprudence was
less efficacious, it was more diffused. Italy alone had produced great
masters of the science; the professors in France and Germany during the
middle ages have left no great reputation.[137]
[137] In this slight sketch of the early lawyers, I have been chiefly
guided, as the reader will have perceived, by Gravina and Savigny,
and also by a very neat and succinct sketch in Eichhorn, Gesch. der
Litteratur, ii. 448-464. The Origines Juris of the first have
enjoyed a considerable reputation. But Savigny says with severity,
that Gravina has thought so much more of his style than his
subject, that all he says of the old jurists is perfectly worthless
through its emptiness and want of criticism. iii. 72. Of
Terrasson’s Histoire de la Jurisprudence Romaine he speaks in still
lower terms.
|Classical literature and taste in dark ages.|
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