Life and literature in the Roman republicFrank, Tenney
History
Life and literature in the Roman republic
Frank, Tenney
Latin literature -- History and criticism; Rome -- Intellectual life
This mood of mysticism probably lasted only a few months. The reading
he went through in seeking justification for his conclusions led him to
write the _Hortensius_, that enthusiastic eulogy of philosophy which
converted St. Augustine to a new mode of life. In its fragments we find
traces of the same un-Roman mysticism. Then in the first _Tusculan
Disputation_, which he wrote in May of the same year, he repeated the
gist of the argument which he had used in the _Consolatio_ and with
nearly as much assurance. However, in this same month he began his first
draft of the _Academica_, a careful review of epistemological theory, and
this brought him back to his earlier agnosticism. His letters now show
less interest in the proposed shrine. In July they cease entirely: it
would seem that the “apotheosis” of Tullia was abandoned.
Let us take one more illustration. James Bryce once reckoned that Roman
law was still influential in the courts of about three hundred million
people; and he pointed out that it had gained this capacity because the
jurists of the Empire had based every paragraph of the statutes upon the
general principle of equity. Stroux, in his brilliant monograph entitled
_Summum jus summa injuria_, has recently demonstrated that Cicero,
employing Aristotelian rules of rhetoric, exerted a powerful influence
upon the reform of Roman Law by emphasizing in his rhetorical treatises
the claims of equity as against statute, and of intention (_voluntas_) as
against the literal interpretation of the word. This is all to the good.
But the process was hardly as simple as that. The Aristotelian rules of
rhetoric had worked no vast reforms in Greece, and at Rome they were
not likely to prove less arid in practical life if left to the mercy of
text-books. Ideas do not readily revive in that impersonal fashion.
Public-domain text, read in full here on John Shaqi.
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