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
There were thus two systems of law in force in Rome; and we accordingly
find on the one hand judges and courts faithful to the ancient
formalism, on the other, judges and courts taking cognizance of equity
and good faith, and almost discharging the duties of the Censor. The
continuous onward progress of the _jus gentium_, the reciprocal action
of the two legal systems ultimately fusing them into one, wherein
the old Roman formation gradually lost its rigidity, and equity,
becoming incorporated with the civil law, began to assume a more
definite and regular form, were all consequences of the principle
which dominates the life and history of the Roman law, and may even
be said to constitute it. For it has been moulded and diffused through
the world, inheriting from the old Quirites its frame of iron; from
contact with other races and from such germs as it could assimilate of
Greek civilisation, its more comprehensive and human spirit. Assuming
thus a character at once exact and philosophical, it seemed as though
destined to become, from its superiority, the universal jurisprudence,
the indispensable foundation, as it were, of all future legislation.
This union of legal systems was effected by the Prætor. He it was who
represented both the modern spirit and the ancient, enlarging the old
law with the defences of equity which he strengthened by submitting it
to the trammels of a formal procedure. This in substance was what took
place with regard to customs, letters, and everything else. The fusion
of Greek civilisation with the Roman constitutes the history of the
ancient world.
III.