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Updated: June 14, 2025


Moreover, a great deal of superfluous money and learning was expended in ordering some elaborate legal arguments to be prepared by venal jurisconsults, proving not only that the uncle ought to succeed before the nephew, but that neither the one nor the other had any claim to succeed at all.

The rescripts of the early emperors recognized too many popular rights to suit the despotic character of Justinian, and the older jurists, like the Scaevolas, Sulpicius, and Labeo, were distasteful from their sympathy with free institutions. Different opinions have been expressed by the jurisconsults as to the merits of the Justinian collection.

In Cesena a liberal justice was measured out by the Tribunal of the Ruota, which Cesare had instituted there, equipping it with the best jurisconsults of the Romagna. In Rome he proceeded to a military organization on a new basis, and with a thoroughness never before seen in Italy or elsewhere, for that matter but which was thereafter the example all sought to copy.

The alternative is to consider independent communities as not related to each other by any law, but this condition of lawlessness is exactly the vacuum which the Nature of the jurisconsults abhorred.

Having adopted from the Antonine jurisconsults the position that the Jus Gentium and the Jus Naturæ were identical, Grotius, with his immediate predecessors and his immediate successors, attributed to the Law of Nature an authority which would never perhaps have been claimed for it, if "Law of Nations" had not in that age been an ambiguous expression.

It ceased to be extended by annual additions, and henceforward the equity jurisprudence of Rome was developed by the labours of a succession of great jurisconsults who fill with their writings the interval between the reign of Hadrian and the reign of Alexander Severus.

Here we cannot help but admire the way in which Scudéri, the bully of this tragic-comedy, forced to the wall, blackguards and maltreats him, how pitilessly he unmasks his classical artillery, how he shows the author of Le Cid "what the episodes should be, according to Aristotle, who tells us in the tenth and sixteenth chapters of his Poetics"; how he crushes Corneille, in the name of the same Aristotle "in the eleventh chapter of his Art of Poetry, wherein we find the condemnation of Le Cid"; in the name of Plato, "in the tenth book of his Republic"; in the name of Marcellinus, "as may be seen in the twenty-seventh book"; in the name of "the tragedies of Niobe and Jephthah"; in the name of the "Ajax of Sophocles"; in the name of "the example of Euripides"; in the name of "Heinsius, chapter six of the Constitution of Tragedy; and the younger Scaliger in his poems"; and finally, in the name of the Canonists and Jurisconsults, under the title "Nuptials."

8 The answers of those learned in the law are the opinions and views of persons authorized to determine and expound the law; for it was of old provided that certain persons should publicly interpret the laws, who were called jurisconsults, and whom the Emperor privileged to give formal answers.

Neither has the text by itself as much disadvantage as was afterwards added by the Summists, who collect the circumstances of the sins. What labyrinths were there! How great a torture for the best minds! For the licentious and profane were in no way moved by these instruments of terror. This also is pleasing to Panormitanus and very many other learned jurisconsults.

Few educated persons are so little versed in legal literature as not to have heard that the language of the Roman jurisconsults on the subject of Possession long occasioned the greatest possible perplexity, and that the genius of Savigny is supposed to have chiefly proved itself by the solution which he discovered for the enigma.

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