a genuine manhood; yet it is but fair to note
that the evils of political slavery were qualified and set off by the
excellence of the civil code and the privileges of social freedom.
The great practical evil connected with Roman jurisprudence was the
intricacy and perplexity and uncertainty of the laws, together with the
expense involved in litigation. The class of lawyers was large, and
their gains were extortionate. Justice was not always to be found on the
side of right. The law was uncertain as well as costly. The most learned
counsel could be employed only by the rich, and even judges were venal,
so that the poor did not easily find adequate redress. But all this is
the necessary attendant on a factitious state of society, and by many is
regarded as being quite as characteristic of modern, civilized Christian
England and America as it was of Pagan Rome. Material civilization leads
to an undue estimate of money; and when money purchases all that
artificial people desire, then all classes will prostitute themselves
for its possession, and justice, dignity, and elevation of sentiment
will be forced to retreat,--as hermits sought a solitude when society
had reached its lowest degradation, out of pure despair of its
renovation.
* * * * *
AUTHORITIES.
The authorities for this chapter are very numerous. Since the Institutes
of Gaius have been recovered, many eminent writers on Roman law have
appeared, especially in Germany and France. Many might be cited, but for
all ordinary purposes of historical study the work of Lord Mackenzie on
Roman Law, together with the articles of George Long in Smith's
Dictionary, will be found most useful. Maine's Treatise on Ancient Law
is exceedingly interesting and valuable. Gibbon's famous chapter should
also be read by every student. There is a fine translation of the
Institutes of Justinian, which is quite accessible, by Dr. Harris of
Oxford. The Code, Pandects, Institutes, and Novels are of course the
original authority, with the long-lost Institutes of Gaius.
In connection with the study of the Roman law, it would be well to read
Sir George Bowyer's Commentaries on the Modern Civil Law. Also Irving,
Introduction to the Study of the Civil Law; Lindley, Introduction to the
Study of Jurisprudence; Wheaton's Elements of International Law; and
Vattel, Le Droit des Gens.
THE FINE ARTS.
ARCHITECTURE, SCULPTURE, PAINTING.
500-430 B.C.
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