The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
15. People are in the habit of praising the Romans as a nation
specially privileged in respect to jurisprudence, and of gazing with
wonder on their admirable law as a mystical gift of heaven; presumably
by way of specially excusing themselves for the worthlessness of
their own legal system. A glance at the singularly fluctuating and
undeveloped criminal law of the Romans might show the untenableness
of ideas so confused even to those who may think the proposition too
simple, that a sound people has a sound law, and a morbid people an
unsound. Apart from the more general political conditions on which
jurisprudence also, and indeed jurisprudence especially, depends, the
causes of the excellence of the Roman civil law lie mainly in two
features: first, that the plaintiff and defendant were specially
obliged to explain and embody in due and binding form the grounds of
the demand and of the objection to comply with it; and secondly, that
the Romans appointed a permanent machinery for the edictal development
of their law, and associated it immediately with practice. By the
former the Romans precluded the pettifogging practices of advocates,
by the latter they obviated incapable law-making, so far as such
things can be prevented at all; and by means of both in conjunction
they satisfied, as far as is possible, the two conflicting
requirements, that law shall constantly be fixed, and that it
shall constantly be in accordance with the spirit of the age.
16. II. II. Relation of the Tribune to the Consul
17. V. V. The Hegemony of Rome over Latium Shaken and Re-established
18. Venus probably first appears in the later sense as Aphrodite on
occasion of the dedication of the temple consecrated in this year
(Liv. x. 31; Becker, Topographie, p. 472).
19. II. III. Intrigues of the Nobility
20. I. VI. Organization of the Army
21. II. III. Increasing Powers of the Burgesses
22. I. VI. the Five Classes
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