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Updated: May 10, 2025
Hitherto it had been assumed that behind all national disputes lay a ius gentium by which all were bound, and that behind all religious questions lay the authority of the Roman Catholic Church, from which there was no appeal. The modern period which certainly does not represent the last word of civilisation, has witnessed the abandonment of these ideas. The change took place gradually.
Of greater political importance, however, than the refusal of the -ius imaginum- and of the honour of a triumph was the circumstance, that the exclusion of the plebeians sitting in the senate from debate necessarily ceased in respect to those of their number who, as designated or former consuls, ranked among the senators whose opinion had to be asked before the rest; so far it was certainly of great importance for the nobility to admit the plebeian only to a consular office, and not to the consulate itself.
Ver. 4, 82; Tac. Ann. 4, 27. The orators were in the habit of working over their speeches carefully for publication and preservation. IUS AUGURIUM etc.: 'the law pertaining to the augurs and pontifices'; i.e. the principles applied by them in the performance of their duties. The pontifices had the general oversight of religious observances. See Dict. of Antiq.
Stoicism became the 'established' philosophy of Rome, and Roman lawyers well-nigh identified the 'ius gentium' with the ideal law of nature, describing it as that which natural reason has established among all men. Yet for at least one of the great classical lawyers, whose words have been enshrined in Justinian's legislation, the identification was incomplete.
After the briefest acquaintance with her future husband, the young wife quits the convent or the paternal roof to enter upon a world in which her character begins rapidly to develop. The rights of the husband are for this reason conditional, and even the man who regards them in the light of a 'ius quaesitum' thinks only of the outward conditions of the contract, not of the affections.
7 The edicts of the praetors too have no small legal authority, and these we are used to call the 'ius honorarium, because those who occupy posts of honour in the state, in other words the magistrates, have given authority to this branch of law. The curule aediles also used to issue an edict relating to certain matters, which forms part of the ius honorarium.
Whenever we find a Roman's name ending in "ianus," we know one of three things: either that he had taken his name from his wife who was an heiress, as Domitianus; or that he was the eldest son of a man who had taken his mother's name, which he was himself allowed to assume by the marriage contract, as Titus Vespasianus; or, when we find a repetition of the same name ending in "ius" and "ianus," as "Aemilius Aemilianus," or in "ianus" and "ius" as "Licinianus Licinius," we know that the individual was of the Aemilian or Licinian family, and had married the heiress of another great Roman house.
The destruction of Alba, of course, no more dissolved the league itself than the destruction of Thebes dissolved the Boeotian confederacy; but, in entire consistency with the strict application of the -ius privatum- which was characteristic of the Latin laws of war, Rome now claimed the presidency of the league as the heir-at-law of Alba.
I might carry this analysis farther but what I have already said is sufficient to show that the rise of a Fascist ideology already gives evidence of an upheaval in the intellectual field as powerful as the change that was brought about in the XVII and XVIII centuries by the rise and diffusion of those doctrines of ius naturale which go under the name of "Philosophy of the French Revolution."
The destruction of Alba, of course, no more dissolved the league itself than the destruction of Thebes dissolved the Boeotian confederacy; but, in entire consistency with the strict application of the -ius privatum- which was characteristic of the Latin laws of war, Rome now claimed the presidency of the league as the heir-at-law of Alba.
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