The Philosophy of History, Vol. 1 of 2Schlegel, Friedrich von
Philosophy
The Philosophy of History, Vol. 1 of 2
Schlegel, Friedrich von
History; History -- Philosophy
In the whole circle of human sciences, jurisprudence is that department
of intellect, in which the Romans have thought with the most
originality, and have exerted the greatest influence; and which, by
means of their writers, has obtained at once a very great degree of
refinement, and a very wide diffusion. Cæsar had formed the project of a
general digest of Roman laws; but this great design, like so many others
he had entertained, was left unexecuted; and the age of Augustus at
least was distinguished by two great lawyers of opposite schools. It is
by the scientific jurisprudence which they have bequeathed to posterity,
more than by any thing else, that the Romans have exerted a mighty
influence on after-ages. It must strike us at first sight as singular,
that a nation which, in its external relations, had risen to greatness,
and indeed had founded its greatness, on so fearful an excess of
injustice, should have risen to such eminence in the science of
jurisprudence, as the Romans undoubtedly have. But the injustice of
their conduct towards other states and nations this people well knew how
to conceal under legal forms, and establish on legal titles; and it
often happened that, by the inconsistent conduct of other nations, they
were able to give a colouring of equity to their acts, and shew on their
side the strict letter of law.
In the next place, the Roman jurisprudence regarded more immediately the
relations of private life, and all the artificial forms of civil law;
and we can well conceive that a people like the Romans, distinguished
for so sound a judgment and such strong practical sense, and whose minds
were so exclusively bent on civil life, and its various relations,
should have attained such distinction in the science of civil
jurisprudence, notwithstanding the enormous iniquity of their conduct in
the wider historical department of international law; and here we may
find an explanation of that apparent contradiction between law and
injustice, such as we find frequent examples of in human nature and in
the records of history.
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