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Updated: May 6, 2025
I can only say that the tendency of Roman law, which became stronger as it advanced, was to look upon legal consequences as united to legal causes by an inexorable necessity, a tendency most markedly exemplified in the definition of Obligation which I have repeatedly cited, "Juris vinculum quo necessitate adstringimur alicujus solvendæ rei."
It appears least in contradiction with the other principles of the philosopher to assign the rôle of this vinculum substantiate to the soul or central monad itself. Everything in nature is organized; there are no soulless bodies, no dead matter.
Ariovistus had two wives. Caes. Probant, cf. probaverit, 13, note. Comatur. Subj. denoting the intention of the presents with which she is to be adorned. Frenatum, bridled, caparisoned==paratus below. So Liv.: in has leges, in easdem leges. Hoc vinculum, So, Sec. 13: haec apud illos toga. Conjugales deos. Certain gods at Rome presided over marriage, e.g.
Whether it ultimately became a Contract depended on the question whether the law annexed an Obligation to it. So long as the Pact remained unclothed with the Obligation, it was called nude or naked. What was an Obligation? It is defined by the Roman lawyers as "Juris vinculum, quo necessitate adstringimur alicujus solvendæ rei."
But the right to put to death looks like vengeance, and the division of the body shows that the debt was conceived very literally to inhere in or bind the body with a vinculum juris. Whatever may be the true explanation of surrender in connection with contracts, for the present purpose we need not go further than the common case of noxoe deditio for wrongs.
The concretion of calcareous matter upon the surface of the earth is perhaps the only example upon which their theory is founded; and yet nothing can be more against it than the general history of this transaction. Calcareous matter, the great vinculum of many mineral bodies, is in a perpetual state of dissolution and decay, in every place where the influences of air and water may pervade.
For Pico the earth is the centre of the universe: and around it, as a fixed and motionless point, the sun and moon and stars revolve, like diligent servants or ministers. And in the midst of all is placed man, nodus et vinculum mundi, the bond or copula of the world, and the "interpreter of nature": that famous expression of Bacon's really belongs to Pico.
Therefore, to prevent all apparent occasions of such doleful events, they erected the pattern of the Lord’s altar, ut vinculum sit fraternæ conjunctionis. And besides all this, there is nothing which can urge us to say that the two tribes and the half did commendably in the erecting of this altar. Calvin finds two faults in their proceeding. 1.
The medical profession of our city, and, let us add, of all those neighboring places which it can reach with its iron arms, is united as never before by the commune vinculum, the common bond of a large, enduring, ennobling, unselfish interest. It breathes a new air of awakened intelligence.
The Cross and the Ascension, if I might use so violent a figure, are like the twin stars, of which the heavens present some examples, one dark and lustreless, one flashing with radiancy of light, but knit together by an invisible vinculum, and revolving round a common centre. When He 'parted from them, and was carried up into heaven, He ended the humiliation which caused the elevation.
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