Rome -- History -- Tiberius, 14-37; Tiberius, Emperor of Rome 42 B.C.-37 A.D.
The Roman Senate did not alone make law, though it alone through the
Prætors interpreted law. As a legislative body it shared its functions
with the popular assemblies; its decrees were rather administrative
than legislative, but it has never been rivalled, except, perhaps,
by the English judges, in its power of expanding the application of
existing laws and creating a legal system. This peculiarity of the
Roman mind, its conservatism combined with a capacity for readjustment,
gave us the Roman Empire; without it the Roman conquests would have
gone for nothing. The Greek, far quicker witted than the Roman, was
ready to change his laws at a moment’s notice. It was to him an open
question whether his state should be democratic or oligarchic; the
question could be settled according to convenience, by voting or by
force; a new constitution could be framed to suit new emergencies. The
Roman mind worked differently; with the Roman the new had, if possible,
to be read into the old. The Roman did not become a constitution
maker till he had passed under Greek influence, and he was remarkably
unsuccessful in the task. He soon abandoned it, but he never failed in
his casuistry; there was no conceivable adjustment of human relations
which the Roman jurisconsult could not refer back to the Twelve Tables;
he never troubled himself as to what was to the advantage of the
greatest number, or as to the precise definition of justice; he simply
took his law, his precedents, his authorised interpretations, and
worked the new circumstances into line with the old forms.
Till the Greek influence modified Roman habits the education of the
young Roman noblemen was largely legal; while the Greek youth was
discussing morality speculatively, the Roman youth was being instructed
in the application of law. He sat at the feet of some Mucius Scævola,
and heard his solutions of knotty entanglements; the oratory in which
he was trained was not the florid rhetoric, which may be addressed
successfully to a mob, but forensic oratory addressed to trained
intelligence.
With the legal temperament, the Roman combined the religious
temperament, the habit of looking to authority rather than to
speculation as a guide for his actions. The Sibylline books continued
to be consulted in form, if not in fact, on occasions of emergency,
long after the cultivated Roman had become familiar with the
rationalistic speculations of the Greeks and the mathematicians.
Public-domain text, read in full here on John Shaqi.
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