13 Comment. in tit. Dig., De Just. et Jure, VII, 11th Naples edition. The ingenious argument of the great jurisconsult falls to the ground under the beautiful words of Cicero: “Ut justitia, ita jus sine ratione non consistit; soli ratione utentes jure ac lege vivunt.” De Natura Deorum, II, 62. “Virtus ratione constat, brutæ ratione non utuntur, cujus sunt expertia, ergo jure non vivunt, et ut rationis, sic jures sunt expertia.” Besides, Cujas himself recognizes how faulty and incomplete was the definition he was defending: “At ne jus quidem naturale, de quo agimus, est commune omnium animalium quatenus rationale, est, sed quatenus sensible est, sensui congruit. Tullius participare hominem cum brutis eo quod sentit, sed ratione ab eo differre. Et alio loco: jus naturale esse commune omnium Quiritium, veluti ut se velint tueri: sed hoc distare hominem a bellua, quod bellua sensu moveatur, homo etiam ratione.” _ 14 Rossi._ 15 Politics, I, ch. I, II. 16 Ueber die Nothwendigkeit eines Allgemeinen burgerlichen Rechts fur Deutschland. 17 Vom Beruf unserer Zeit für Gesetzgebung etc. 18 In one of his latest productions (Ueber die sogennante historische und nicht historische Rechtsschule, Archives du Droit Civil, Heidelberg, XXI 1838) the veteran of the philosophical school, resuming a debate begun a quarter of a century before, energetically defends himself against the erroneous interpretations which it was sought to give to his thoughts. “Does it follow,” he inquires, “that because a man is desirous of reform, he must surrender the study of the past? And if there be new laws to construe, how could his evil genius deter him from the necessary knowledge of ancient laws? Is there a single jurisconsult, who, in the hope of a better future, despises the meaning and spirit of that which still exists? I do not know even one.... And when I am accused of passing by the institutions of the past with coldness and hatred in my heart, because I was one of the first to express the hope of a better future, a charge is laid at my door which is perfectly incomprehensible ... I am reproached with despising the history of law. It is a slander on me. Although I have only laughed at these reports, one man’s mistake grieved me; for that man’s name was Niebuhr.... When he [Niebuhr] returned from Italy to devote himself entirely to science, in his retreat at Bonn, he passed through Heidelberg, where he remained five or six days. During a great part of that time we came frequently together. He was at first a little cold; but Cicero made us friends. After a happy word let drop concerning that writer, he asked me what I thought of him. I answered laconically: ‘If they were burning all the Latin authors,