The Grandeur That Was Rome: a survey of Roman culture and civilisationStobart, J. C. (John Clarke)
History
The Grandeur That Was Rome: a survey of Roman culture and civilisation
Stobart, J. C. (John Clarke)
Rome -- Civilization; Rome -- History
had to decide cases between non-citizens was gradually accumulating a
body of law, wrongly termed international, in the _jus gentium_. It
was observed that there was a great deal in common between the various
codes of the Italian and other Mediterranean States, and this was put
together in the foreign prætor’s edict. The more philosophical jurists,
inspired with the Stoic doctrines about following nature, evolved the
theory that this common element of various nations was nothing but the
Natural Law, _jus naturæ_. It was a fruitful error, and it lies at the
base of much of the modern “international law” as expounded by Grotius
and other seventeenth-century jurists.
The Civil Law of Rome was in the main, then, a series of precedents
handed down by prætor to prætor from times beyond record. To it was
added a large body of “counsel’s opinions” which drew their validity
largely from the eminence of their authors. It was Hadrian who set
about the systematisation of these. He organised the _jurisprudentes_
into a regular profession. He appointed his “counsellors” from the
leading barristers of the day, and he gave to the whole body of
_responsa prudentium_, “the opinions of the learned,” the validity
of statutory law. The justice and precision of the civil law was the
most attractive feature of Roman civilisation to the barbarian world.
Gallic and British communities made haste to learn Latin in order that
they might gain the “Latin right” which admitted them to the privilege
of enjoying Roman law. In A.D. 212, Caracalla, who did little else
to deserve the gratitude of posterity, uttered a single edict called
the “Antonine Constitution” which admitted the whole empire to the
privileges of Roman citizenship. Now a single code ran throughout the
whole Western world. Hadrian had set his most distinguished lawyers,
under the leadership of Salvius Julianus, to codify the “perpetual
edict” of the prætors. It was under the Antonines that some citizen
from the East, who is only known to us by the common prænomen of Gaius,
wrote those learned “Institutes of Roman Law” which are still the
nursery of our lawyers. But it was the great Eastern emperor Justinian
(A.D. 527-565) who codified the whole body of civil law in a series
of immense documents. Roman law had already conquered its barbarian
conquerors, the Goths, and almost every European legal system except
our own is based upon that ancient law which arose from the Twelve
Tables and the prætor’s edict. The canon law of the Church was Roman
law in its essence.
PHILOSOPHY AND RELIGION
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