The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Every student of the Pandects knows that the words "Roman law" denote
the outcome of long preliminary labours, and the ultimate form of a
jurisprudence which cannot be rightly understood without analysing
all the historical elements employed in preparing and building it up.
Treated in this way, the history of Roman law becomes, as it were,
instantly transformed into a history of many different legislations
following one another at intervals. From the Twelve Tables down to
Justinian, this law never halts for an hour in its constant course of
development. Even during the Middle Ages, when the compilations made
at Constantinople were studied with religious zeal by expounders and
commentators whose sole object was to faithfully reproduce and diffuse
this law, even thus, in the hands of those interpreters, influenced
by the altered spirit of the times and by new social developments, it
underwent changes of which they were not themselves conscious. It is
not until the fifteenth century that this historic development can be
said to have ceased among us, and Roman law become mainly a subject of
learned research. It is at this time that a new and modern system of
jurisprudence first reveals itself to history, endowed with a separate
life, and with a form of its own, though borrowing much from the Roman
law, which in consequence continues to be of the utmost value to us,
and still deserves our most assiduous attention, although for a very
different purpose from that with which it was studied during the Middle
Ages. Our object is now to familiarise ourselves with an immortal
monument of ancient wisdom, to shape our legal education by it, to
be helped by it to a clearer understanding of our own codes, and to
contemplate it in its successive manifestations, while we search for
its regulating law. It is in fact the discovery of this law that has at
once thrown a new light upon the whole history of Roman jurisprudence,
which we perceive to have been always and unceasingly governed by
it, and thus forced to assume a character so constant and continuous
through all its various transformations, that what had before seemed
to be a series of distinct legislations takes an entirely new aspect,
making us spectators, as it were, of the evolution of a single idea,
the progressive development of a work of Nature.