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Updated: June 14, 2025
She was the daughter of Frederick the Second of Suabia, a Hohenstaufen, an emperor of Germany who esteemed still more his crown of Sicily. He legislated as did the jurisconsults of ancient Rome, at the same time writing the first verses in Italian. His life was one continual combat with the Popes who hurled upon him excommunication upon excommunication.
This trustee also could make use of the fiction, and sue as if he had been the bankrupt's heir. /4/ We are told by one of the great jurisconsults that in general universal successors stand in the place of heirs. /5/
That "all men are equal" is one of a large number of legal propositions which, in progress of time, have become political. The Roman jurisconsults of the Antonine era lay down that "omnes homines naturâ æquales sunt," but in their eyes this is a strictly juridical axiom.
Thus, because the Stoics were more minute than other sects in inculcating the moral and social duties, we find the Roman jurisconsults professing themselves followers of Zeno; the orators, on the contrary, adopted the disputatious system of the later Academics; while Epicurus was the master of the idle and the wealthy.
At a later period another school of jurisconsults arose, the great lights of jurisprudence for all time. But Ulpian and Paulus, Gaius and Papinian, were not authors of Responses. Their works were regular treatises on particular departments of the law, more especially on the Prætor's Edict.
From Hadrian to that emperor the improvement of law was carried on, as it is at the present moment in most continental countries, partly by approved commentaries and partly by direct legislation. But in the reign of Alexander Severus the power of growth in Roman Equity seems to be exhausted, and the succession of jurisconsults comes to a close.
The plebeians of the fifth century had also suffered want and famine, but they had not sold their freedom; and still less would the jurisconsults of that period have lent themselves to pronounce the equally immoral and illegal contract of such a gladiatorial slave "to let himself be chained, scourged, burnt or killed without opposition, if the laws of the institution should so require" by means of unbecoming juristic subtleties as a contract lawful and actionable.
If the expressions of the jurisconsults be pressed, they undoubtedly imply that Tradition, which belongs to the Law Natural, is more ancient than Mancipation, which is an institution of Civil Society; and this, I need not say, is the exact reverse of the truth.
Led by their theory of Natural Law, the jurisconsults had evidently at this time assumed the equality of the sexes as a principle of their code of equity. The restrictions which they attacked were, it is to be observed, restrictions on the disposition of property, for which the assent of the woman's guardians was still formally required. Control of her person was apparently quite obsolete.
It changes nothing in fiscal jurisprudence; as the proverb says, it is always the poor man who carries the pouch, always the rich man who is the object of the solicitude of power. I add that this system is contradictory. In fact, ONE CANNOT BOTH GIVE AND KEEP, say the jurisconsults.
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