worthless. In a way entirely analogous to the
setting aside of allegory and along with it of personification
in religion, every sort of symbolism was on principle
expelled from their law. In like manner that
earliest state of things presented to us by the Hellenic
as well as the Germanic institutions, wherein the
power of the community still contends with the authority
of the smaller associations of clans or cantons that
are merged in it, is in Roman law wholly superseded;
there is no alliance for the vindication of rights
within the state, to supplement the state’s
imperfect aid, by mutual offence and defence; nor is
there any serious trace of vengeance for bloodshed,
or of the family property restricting the individual’s
power of disposal. Such institutions must probably
at one time have existed among the Italians; traces
of them may perhaps be found in particular institutions
of ritual, e. g. in the expiatory goat, which the
involuntary homicide was obliged to give to the nearest
of kin to the slain; but even at the earliest period
of Rome which we can conceive this stage had long
been transcended. The clan and the family doubtless
were not annihilated in the Roman community; but the
theoretical as well as the practical omnipotence of
the state in its own sphere was no more limited by
them than by the freedom which the state granted and
guaranteed to the burgess. The ultimate foundation
of law was in all cases the state; freedom was simply
another expression for the right of citizenship in
its widest sense; all property was based on express
or tacit transference by the community to the individual;
a contract was valid only so far as the community by
its representatives attested it, a testament only so
far as the community confirmed it. The provinces
of public and private law were definitely and clearly
discriminated: the former having reference to
crimes against the state, which immediately called
for the judgment of the state and always involved
capital punishment; the latter having reference to
offences against a fellow-burgess or a guest, which
were mainly disposed of in the way of compromise by
expiation or satisfaction made to the party injured,
and were never punished with the forfeit of life,
but, at most, with the loss of freedom. The
greatest liberality in the permission of commerce and
the most rigorous procedure in execution went hand
in hand; just as in commercial states at the present
day the universal right to draw bills of exchange
appears in conjunction with a strict procedure in
regard to them. The burgess and the client stood
in their dealings on a footing of entire equality;
state-treaties conceded a comprehensive equality of
rights also to the guest; women were placed completely
on a level in point of legal capacity with men, although
restricted in action; the boy had scarcely grown up
when he received at once the most comprehensive powers
in the disposal of his estate, and every one who could
dispose at all was as sovereign in his own sphere