The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
it is this we must endeavour to trace, since it alone can solve the
mystery and supply exact ideas. Turning from public law to private
legislation, our difficulties rather increase than diminish. For, in
perusing this, by no means less important portion of the statutes, we
come upon a confused medley of legal systems differing from and often
opposed to one another. When we meet with such terms as _meta_ and
_mundium_, _wergild_ and _morgengab_, _dos_ and _tutela_, testamentary
succession and succession by agreement, we recognise that Longobard
law, Roman law, feudal law, and canon law are all present, and perceive
that they are blended in constantly varying proportions. These diverse
legal systems act and react one upon the other, producing reciprocal
changes. Into the Roman law, provisions are constantly filtering which
indubitably belong to the Longobard law, while the latter in its turn
is profoundly modified ("mutilated and castrated," as Gans expresses
it) by the Roman law. How are we to explain this congeries of different
laws? Is there any new and original principle that assimilates the
heterogeneous elements and constitutes a new law? If so, what is it?
This is the knotty problem which Savigny encouraged us to attack, but
which we have hitherto failed to unravel. But although the question
remains unsolved, its importance is now universally acknowledged; it
has been carefully studied, and many treatises, including some of the
highest value, have been published on the subject. Accordingly certain
observations may at last be offered to the public.