The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
It should also be remembered that, when the Greeks came into Italy
to combat the Goths, they found the ancient Roman customary laws in
force and sanctioned by the edict of Theodoric; that the Goths were
definitely vanquished in 553; that in 568 the Greek domination was
followed by that of the Longobards; that the latter confined their
rivals to Southern Italy, whence they were afterwards expelled by the
Normans. There, in the south, the corrupt Byzantine despotism proved
no less fatal than the oppression of the barbarians, and was perhaps
the prime cause of the many disasters and prolonged neglect into which
those provinces afterwards fell. But was it possible for a dominion
so brief and troubled to diffuse the law of Justinian in Italy with
such effect as not only to make it universally accepted, but also so
thoroughly incorporated with customary law, that it could survive
even when its binding legal effect was no longer recognised by the
barbarians?
Such an hypothesis will seem even less tenable as regards everything
relating to the family and to succession, if we reflect that the
reforms introduced into this branch of the law by Justinian at
Constantinople in no way corresponded to the conditions in which Italy
then stood. Notwithstanding the diffusion of Greek philosophy among
us, the spirit of Byzantium was by no means identical with that of
Rome, and there was still less identity in their social conditions. In
Constantinople Oriental despotism corrupted, nay, suffocated society
by excess of luxury and over-refinement of culture; the State assuming
everything to itself, imparted a new character to the laws. In Italy,
on the other hand, society, no less corrupt, had become disintegrated,
and was already falling to pieces; the ancient unity and strength of
the State were continually diminishing and losing strength, and less
and less resistance was opposed to the assaults of the barbarians. At
Constantinople the State was omnipotent, while in Italy its vigour was
on the wane. Among us, accordingly women and all who were weak were
naturally driven to seek refuge in private associations, and above
all in the bosom of the family. And if the natural force of events
had power to urge in any direction, and determine any new tendency,
it certainly could not have aimed at enfeebling the family bond by
subjecting it to the authority of a tottering State, but must rather
have sought to strengthen it as the only possible safeguard amid the
dangers that were threatening on every side. This, in fact, is the
course always followed in barbaric societies, where, the State being
powerless, the care of the weak and the punishment of injuries are
entrusted to the kinsmen. In short, both the disordered condition of
Latin society and the example of the barbarians themselves combined
to offer grave obstacles to the diffusion of Justinian's laws, more
especially when the old Roman customs were seen to be better suited