Our political indebtedness to the Romans takes two different forms. We
have inherited many theories and institutions from them, and in the
second place we have before us for our guidance their experience in
dealing with difficult practical problems. As we have noticed in the
preceding chapters, they have taught us to study actual governmental
systems rather than to attempt the construction of Utopias. We owe
to them the fruitful suggestion that the state may be compared to an
organism. The conception of the brotherhood of man goes back to the
early Empire, and out of this conception international law, and its
counterpart, civil law, have developed. Roman writers recognized the
three forms of government, monarchy, aristocracy, and democracy, and
pointed out the importance of dividing the functions of government
between the legislative, executive and judicial branches. From them
we have derived our accepted doctrine of popular sovereignty, and to
them the theory of the divine right of kings may be traced. The Romans
developed the distinction which is so vital in English common law
between statutes and customs, officially recognized, and showed the
great advantages inherent in a flexible constitution which is made up
of these two elements. They have handed down to us the representative
principle, the jury method of trial, civil law, a clear conception of
the rights of a citizen, a jealous regard for law and tradition, a
comprehensive system of political checks and balances, model systems
of local government and civil service, and methods of governing,
civilizing, and unifying alien peoples which have never been equalled.
It was this final contribution that Rome made to civilization of which
Mommsen was thinking, toward the end of his long study of Roman history
and institutions, when he wrote: “If an angel of the Lord were to
strike the balance whether the domain ruled by Severus Antoninus was
governed with the greater intelligence and the greater humanity at
that time or in the present day, whether civilization and national
prosperity generally have since that time advanced or retrograded, it
is very doubtful whether the decision would prove to be in favor of the
present.”
NOTES AND BIBLIOGRAPHY
NOTES
[1] The arrangements which Rome made with the several cities of Sicily
are outlined by Cicero in his oration _In Verrem_, III. 12-14.
[2] The traditional story of the Decemvirate and its codification of
the _Laws of the Twelve Tables_ is told graphically by Livy, III.
32-54. Some of the extant fragments of these laws may be seen in F. D.
Allen’s _Remnants of Early Latin_, Boston, 1899, pp. 84-92.
[3] On the activities of the censors, cf. Heitland, _The Roman
Republic_, _passim_.
[4] On the government of the provinces under the Republic one may read
Arnold-Shuckburgh, C. III.
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