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Updated: May 15, 2025
But the jurisprudence of the Pandects is circumscribed within a period of a hundred years, from the perpetual edict to the death of Severus Alexander: the civilians who lived under the first Cæsars are seldom permitted to speak, and only three names can be attributed to the age of the republic.
Justinian authorized Tribonian, then quaestor, "vir magnificus magisteria dignitate inter agentes decoratus," for great titles were now given to the officers of the crown, to prepare, with the assistance of seventeen associates, a collection of extracts from the writings of the most eminent jurists, so as to form a body of law for the government of the empire, with power to select and omit and alter; and this immense work was done in three years, and published under the title of Digest or Pandects.
Starting from the Roman Law, it embraces lectures on the History of Jurisprudence, the Pandects, Civil, Criminal, and Common Law, and Natural Rights, besides History and Philosophy, as applied to legal studies, branching into specialities for German Law and Practice, local and general. To Americans, of course, only the first part of these studies would be at all desirable.
In their enforced inaction they got behind that wall of prejudice where they and their kin feel most secure, and there waited, prepared at the first opportunity to invoke the laws of their ancestors, laws so cumbersome and complex that the Romans, accustomed to the clearest pandects, had laughed and left them, erasing only the right to kill. At last chance smiled.
But the jurisprudence of the Pandects is circumscribed within a period of a hundred years, from the perpetual edict to the death of Severus Alexander: the civilians who lived under the first Cæsars are seldom permitted to speak, and only three names can be attributed to the age of the republic.
Religion pronounces an equal censure against the infidelity of the husband; but, as it is not accompanied by the same civil effects, the wife was never permitted to vindicate her wrong; and the distinction of simple or double adultery, so familiar and so important in the canon law, is unknown to the jurisprudence of the Code and the Pandects.
We learned to wield the sword too in Jena, and I would gladly have crossed blades with the sturdy fencing-master Allertssohn, of whom you have just told me. Leonhard was older than I, and when he graduated with honor, I was still very weak in the pandects. But we were always one in heart and soul, so I went to Holland with him to attend his wedding. Ah, those were days!
The prodigal was welcomed home, but not even his father asked a malicious question about the Pandects. At the utmost, he hinted at some shade of prodigality by quietly inviting his son to act as private secretary during the winter in Washington, as though any young man who could afford to throw away two winters on the Civil Law could afford to read Blackstone for another winter without a master.
In its systematized Hellenistic form, it had been received by the Roman world, and had become the culture of the Roman Empire. By writers ranging from Ptolemy to Boethius the body of all known knowledge had been arranged in a digest or series of pandects; and along with the legal codification of Justinian it had been handed to the Christian Church as the heritage of the ancient world.
"Nothing particularly new or strange. Something happens every hour, you know; people are born, bartered die and are buried; lives get blackened and hearts bleed and are trampled by human hoofs, until they are crushed beyond recognition. My dear, civilization is a huge cheat, and the Red Law of Savages in primeval night is worth all the tomes of jurisprudence, from the Pandects of Justinian to the Commentaries of Blackstone, and the wisdom of Coke and Story. Oh halcyon days of prehistoric humanity! When instead of bowing and smiling, and chatting gracefully with one's deadliest foe, drinking his Amontillado and eating his truffles, people had the sublime satisfaction of roasting his flesh and calcining his bones, for an antediluvian dejeuner
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