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Updated: June 14, 2025
Now, who, among the jurisconsults and economists, has ever approached even within a thousand leagues of this magnificent and yet so simple idea?
Although his life had been spent in administrative and judicial employments, he did not blush upon a matter of constitutional law to defer to the authority of such jurisconsults as the Duke of Alva and his two Spanish bloodhounds, Vargas and Del Rio.
Being jurisconsults that is to say, logicians they were obliged to deduce, and their minds naturally recurred to the unique and rigid principle to which they might attach their arguments. As advocates and councilors of the crown they espoused the case of their client and, through professional zeal, derived or forced precedents and texts to his advantage.
Although his life had been spent in administrative and judicial employments, he did not blush upon a matter of constitutional law to defer to the authority of such jurisconsults as the Duke of Alva and his two Spanish bloodhounds, Vargas and Del Rio.
Justinian determined to unite in one body all the rules of law, whatever may have been their origin; and in the year 528 appointed ten jurisconsults, among whom was the celebrated Tribonian, to select and arrange the imperial constitutions and rescripts, leaving out what was obsolete or useless or contradictory, and to make such alterations as the circumstances required.
They thus made their way into the modern Law of Nations, and the result is that those parts of the international system which refer to dominion, its nature, its limitations, the modes of acquiring and securing it, are pure Roman Property Law so much, that is to say, of the Roman Law of Property as the Antonine jurisconsults imagined to exhibit a certain congruity with the natural state.
Around them, as around Napoleon, to aid them in their civil undertakings, is a crowd of expert administrators and eminent jurisconsults, all practitioners, statesmen, and businessmen, and yet men of culture, logicians, and philosophers.
Magistrates, councillors, jurisconsults, judges, barristers, officers for the crown, bailiffs, attorneys, clerks of the court, procurators, solicitors, and agents of various kinds, represent or misrepresent Justice.
Couthon laid its theoretic base in a fallacy that must always be full of seduction to shallow persons in authority: 'He who would subordinate the public safety to the inventions of jurisconsults, to the formulas of the Court, is either an imbecile or a scoundrel. As if public safety could mean anything but the safety of the public.
The period of Roman freedom was the period during which the stamp of a distinctive character was impressed on the Roman jurisprudence; and through all the earlier part of it, it was by the Responses of the jurisconsults that the development of the law was mainly carried on.
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