The History of Rome, Book V eBook

This eBook from the Gutenberg Project consists of approximately 917 pages of information about The History of Rome, Book V.

The History of Rome, Book V eBook

This eBook from the Gutenberg Project consists of approximately 917 pages of information about The History of Rome, Book V.
in all regulations which concerned dealings with property, and consequently in reference to ownership and contracts, the international law was the standard; in these matters indeed various important arrangements were borrowed even from local provincial law, such as the legislation as to usury,(107) and the institution of -hypotheca-.  Through whom, when, and how this comprehensive innovation came into existence, whether at once or gradually, whether through one or several authors, are questions to which we cannot furnish a satisfactory answer.  We know only that this reform, as was natural, proceeded in the first instance from the urban court; that it first took formal shape in the instructions annually issued by the -praetor urbanus-, when entering on office, for the guidance of the parties in reference to the most important maxims of law to be observed in the judicial year then beginning (-edictum annuum- or -perpetuum praetoris urbani de iuris dictione-); and that, although various preparatory steps towards it may have been taken in earlier times, it certainly only attained its completion in this epoch.  The new code was theoretic and abstract, inasmuch as the Roman view of law had therein divested itself of such of its national peculiarities as it had become aware of; but it was at the same time practical and positive, inasmuch as it by no means faded away into the dim twilight of general equity or even into the pure nothingness of the so-called law of nature, but was applied by definite functionaries for definite concrete cases according to fixed rules, and was not merely capable of, but had already essentially received, a legal embodiment in the urban edict.  This code moreover corresponded in matter to the wants of the time, in so far as it furnished the more convenient forms required by the increase of intercourse for legal procedure, for acquisition of property, and for conclusion of contracts.  Lastly, it had already in the main become subsidiary law throughout the compass of the Roman empire, inasmuch as—­ while the manifold local statutes were retained for those legal relations which were not directly commercial, as well as for local transactions between members of the same legal district—­dealings relating to property between subjects of the empire belonging to different legal districts were regulated throughout after the model of the urban edict, though not applicable de jure to these cases, both in Italy and in the provinces.  The law of the urban edict had thus essentially the same position in that age which the Roman law has occupied in our political development; this also is, so far as such opposites can be combined, at once abstract and positive; this also recommended itself by its (compared with the earlier legal code) flexible forms of intercourse, and took its place by the side of the local statutes as universal subsidiary law.  But the Roman legal development had an essential advantage over ours in this, that the denationalized legislation appeared not, as with us, prematurely and by artificial birth, but at the right time and agreeably to nature.

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The History of Rome, Book V from Project Gutenberg. Public domain.