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Its university attracted a great many of the sons of the prominent Italian families, chiefly on account of the fame of its professor of jurisprudence, Philippo Decio of Milan. At the university the young Borgia had two Spanish companions, who were favorites of his father, Francesco Romolini of Ilerda and Juan Vera of Arcilla in the kingdom of Valencia.
"There is not a single government now existing in Europe which is not based in usurpation, and established, if established at all, by the sacrifice of thousands. But in the adoption of our present system of jurisprudence, we see the powers necessary for government voluntarily flowing from the people, their only proper origin, and directed to the public good, their only proper object.
What is sin, the conception of which arises from the consciousness of man's freedom? That is a question for theology. The actions of men are subject to general immutable laws expressed in statistics. What is man's responsibility to society, the conception of which results from the conception of freedom? That is a question for jurisprudence.
When the Roman matrons became the equal and voluntary companions of their lords, a new jurisprudence was introduced, that marriage, like other partnerships, might be dissolved by the abdication of one of the associates. In three centuries of prosperity and corruption, this principle was enlarged to frequent practice and pernicious abuse.
Nothing of the kind did Sextus Ælius ever say, nothing of the kind many years before did Titus Coruncanius, nothing lately did Publius Crassus; by whom instructions in jurisprudence were given to their fellow citizens, and whose wisdom was progressive even to their latest breath.
The means of doing that are, in the first place, to follow the existing body of dogma into its highest generalizations by the help of jurisprudence; next, to discover from history how it has come to be what it is; and finally, so far as you can, to consider the ends which the several rules seek to accomplish, the reasons why those ends are desired, what is given up to gain them, and whether they are worth the price.
The Code, the Pandects, and the Institutes were declared to be the legitimate system of civil jurisprudence; they alone were admitted in the tribunals, and they alone were taught in the academies of Rome, Constantinople, and Berytus.
V. The bishop was the perpetual censor of the morals of his people The discipline of penance was digested into a system of canonical jurisprudence, which accurately defined the duty of private or public confession, the rules of evidence, the degrees of guilt, and the measure of punishment.
The theory of the transference of the collective will of the people to historic persons may perhaps explain much in the domain of jurisprudence and be essential for its purposes, but in its application to history, as soon as revolutions, conquests, or civil wars occur that is, as soon as history begins that theory explains nothing.
The Shiite views of jurisprudence, as of theology, prevailed in Persia; the "Futawa Alumgeeree" is strictly Sunnite. It is not difficult to account for this. The Mahometan conquerors of India were mainly of Turkish or Tartar race; they came from Turan, a region which from time immemorial has stood in antagonistic relations to Iran or Persia.
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