The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Reciprocal equality is now achieved, but the ancient unity
of the family is dissolved; the compact and iron nucleus of Roman
society is broken to fragments by the continual and increasing action
of the State. In all her institutions, Rome has succeeded in arriving
at democracy and equality, but at the cost of complete individual
liberty, and by sacrificing the development of special associations and
of local life to the unity of the State. How to conciliate these two
elements without destroying the one in the interest of the other will
be the problem of a new era and a new civilisation.
However highly we may rate the amazing and indisputable greatness
of the labours of Imperial legislators and juris-consults collected
in the _Corpus iuris_ in the time of Justinian, it is nevertheless
certain that the ancient and primitive character of Roman law has been
profoundly changed by it, and that the despotism of the State, always
prevalent in Rome, has been enormously increased. It is for this reason
that Tocqueville, and others with him, go so far as to maintain that
the great diffusion of the Justinian law among the Latin races has
more than once proved hurtful to political freedom. To many, such an
assertion may seem absurd; but granting that there is a close bond of
connection between private and public law, and that the final changes
in Roman law were introduced by the action of the growing despotism of
the State, the opinion advanced by the French writer is not without its
value.
V.