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Updated: June 27, 2025


That this party, and in particular Crassus and Caesar, had a hand in the game on the present occasion as well as in the plot of 688, may be regarded not in a juristic, but in a historical, point of view as an ascertained fact.

But while the very advantages just indicated will appear to the serious judge as advantages of very dubious value, the absolute want of political discernment in the orations on constitutional questions and of juristic deduction in the forensic addresses, the egotism forgetful of its duty and constantly losing sight of the cause while thinking of the advocate, the dreadful barrenness of thought in the Ciceronian orations must revolt every reader of feeling and judgment.

It excluded the idea of union with any other woman, whether by marriage or temporary association; it might be more durable than actual wedlock, for facilities for divorce were rapidly breaking the permanence of the latter bond; it might satisfy the juristic condition of "marital affection" quite as fully as the type of union to which law or religion gave its blessing.

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.

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.

Bruns, an admirable writer, expresses a characteristic yearning of the German mind, when he demands an internal juristic necessity drawn from the nature of possession itself, and therefore rejects empirical reasons. /2/ He finds the necessity he seeks in the freedom of the human will, which the whole legal system does but recognize and carry out.

And every contingency of the individual life was equally provided for, and the writings that regulated all this complex ritual are a marvellous monument of the patience, piety and juristic genius of the race and of the persecution which threw it back upon its sole treasure, the Law.

Healthy and capable persons in a decent society would be unlikely to turn out criminals. I do not see how we can escape the conclusion that the saner penology of the present has completely undermined the whole juristic basis of the next world. Human ethics and a supernatural ethics of an eschatological sort cannot be dovetailed together.

The immediate cause of the French Revolution was the refusal of the nobles and the clergy to bear their share of the financial burden. But fiscal liberty raises more searching questions than juristic liberty.

The inns of court of London became virtually a legal university, where highly trained men studied a juristic system, which was not the less purely English in spirit because its practitioners used the French tongue as their technical instrument. There were no longer lawyers in England who, like Bracton, strove to base the law of the land on the forms and methods of Roman jurisprudence.

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