The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression. — Dante Alighieri — John Shaqi
The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
But at a later date customs grew corrupt, and no longer sufficed to
protect public good faith and morality, which were driven to seek
asylum and sanction in the law, and so began gradually to modify its
primitive character. Substance now prevailed over form, equity over
the ancient text of the law, the intention of the contracting parties
over words uttered by mistake; the law became more moral as customs
grew more degraded. This transformation, though very gradual at the
beginning, was afterward, accelerated by the new conditions of the
Republics in which a change took place not unlike that occurring in
the history of jurisprudence, towards the beginning of the seventeenth
century. At that time the various European States, with their various
systems of law, having contracted new relations with one another, came
to recognise the necessity of establishing some fixed rules by which
all should be bound, and thus, under the auspices of Hugh Grotius,
the so-called School of Natural Law was built up. The same occurred in
Rome, if not in the science, at any rate in the practice of law. As
the dominion of the Republic became extended in Italy, its relations
increased with neighbouring nations, among whom the more philosophical
and less severe laws and principles of the Greek jurisprudence
prevailed. It was impossible to impose upon all these nations, without
modification, the rigid law of the Roman patriciate. Accordingly a
new system of law, of a simpler character and wider reach, took shape
and rapidly grew. This was named the _jus gentium_, to distinguish
it from the other, the _jus civile_. "Jus gentium est quod naturalis
ratio inter omnes homines constituit." This system, however, was not
deduced from philosophic theories concerning human nature, as was
the, appropriately styled, natural law of the eighteenth century; it
originated in the practical needs of the Romans and their new relations
with other Italian peoples: it was fostered by the principles of Greek
jurisprudence that had been transplanted into Southern Italy; it met
the new requirements of the Romans themselves; and taking the place
that custom had previously filled in the Roman courts, grew side by
side with the law of the Patricians with which it long maintained its
union.