The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Florence maintained a prolonged resistance, but finally shared the fate
of her fellow republics.
[Illustration]
CHAPTER VII.[367]
_THE FAMILY AND THE STATE IN ITALIAN COMMUNES._[368]
I.[369]
It is certain that no real national history of Italy can be written
until the statutes and laws of our communes have been published,
studied, and thoroughly investigated by the light not merely of
historical but of legal research. The necessity for such investigation
was first proclaimed by the learned Savigny, subsequently recognised
by many Italian scholars, but has never yet been entirely satisfied. An
accurate study of those old laws and statutes would make us acquainted
with the public law of the communes, and place before our eyes a clear
and exact picture of their political institutions which have been
hitherto very imperfectly understood. Moreover, what is certainly of no
less importance--it would enlarge our knowledge of our ancient private
law, to which many learned authorities, among others Francesco Forti,
attribute the origin of modern jurisprudence, and the germs of many
jural provisions, afterwards accepted by us as novelties derived from
the French Code.
Public and private law have far more affinity than is generally
supposed, and each conduces to the plainer and more exact comprehension
of the other. Society and the State have both their birth in the
family, reacting upon and modifying it in turn. No student therefore
who seeks to discover the true key to political institutions developing
themselves in a country spontaneously, should neglect the constitution
of the family wherein are to be found the earliest beginnings of civil
law, with which political law also is more or less connected. Cases,
it is true, frequently occur of one people adopting the civil law of
another, without altering its own political institutions; while in
other instances both are imposed simultaneously by a superior foreign
force. This has led many to question the reality of the connection
which in fact subsists between them. But these cases have nothing to do
with that natural and spontaneous development of law of which we are
now speaking. In this development, politics and jurisprudence, the
State and the family, are found to be closely interconnected.