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08-Jun-2018 08:40
They were directly addressed to the judge, or, having been reduced to writing, were submitted to the court in the presence of witnesses who had seen them drawn up.The Responsa formed one of the most important sources from whence was derived the maxims and principles of the Civil Law, and indeed, of all modern jurisprudence. From the fragments it contains we can form some idea of the vast knowledge and attainments possessed by these old Roman lawyers, whose works have perished, and whose names would hardly be known, were it not for the compilation of Justinian. (1) All peoples who are ruled by laws and customs partly make use of their own laws, and partly have recourse to those which are common to all men; for what every people establishes as law for itself is peculiar to itself, and is called the Civil Law, as being that peculiar to the State; and what natural reason establishes among all men and is observed by all peoples alike, is called the Law of Nations, as being the law which all nations employ.With the Romans the Jus Gentium and the Jus Naturale were practically synonymous.(7) The answers of jurists are the decisions and opinions of those who are authorized to define the law. 22.) The importance of considering man as an individual, distinct from his association with his fellows in communities, is emphasized by Montesquieu in determining the principles of the Law of Nature.If the opinions of all of them omni tempore una lex et sempiterna, et immutabilis continebit; unusque erit communis quasi magister et imperator omnium Deus, ille legis hujus inventor, disceptator, lator: cui qui non parebit ipse se fugiet et naturam hominis aspernabitur, atque hoc ipse luet maximas pœnas, etiamsi cætera, supplicia, quæ putantur, effugerit." (De Repub. "Avant toutes ces lois sont celles de la nature, ainsi nommées parce qu'elles dérivent uniquement de la constitution de notre être."Le droit des gens est naturellement fondé sur ce principe, que les diverses nations doivent se faire dans la paix le plus de bien, et dans la guerre le moins de mal qu'il est possible, sans nuire à leurs véritables intérêts." (Ibid I, II, 191.) No ancient classic work on the Law of Nations has survived, if, indeed, one ever was written. (8) All the law which we make use of has reference either to persons, to things, or to actions. (11) Freeborn are those who are free by birth, freedmen are those who have been manumitted from legal slavery.
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A plebiscite is what the commonalty order and establish.
The greater number of ancient authorities made two divisions of jurisprudence, the Law of Nations and the Civil Law; some added another, the Jus Privatum, or Familiæ, that is to say, private law.
The precepts of morality, as in most human enactments, form the basis of this most comprehensive system of jurisprudence which all civilized peoples are presumed to acknowledge.
In glowing language, eminently worthy of the distinguished scholar and jurist, he sets forth its constant and universal blessings; a law which summons all to the performance of their duties, and deters the hesitating from the commission of fraud; from whose observance even those highest in authority are not exempt; whose application is universal; whose precepts are eternal and immutable; which cannot be disregarded or abrogated with impunity; of which God is the originator, the interpreter, the proposer; and he who refuses to obey it flees from himself, and rejects the claims of humanity, by this very act rendering himself liable to the severest penalties, even if he be able to escape others which have been prescribed.
"Est quidem vera lex recta ratio, naturæ congruens, diffusa in omnes, con Blans, sempiterna; quæ vocet ad officium jubendo, vetando a fraude deterreat, quæ tamen neque probos frustra jubet aut vetat, neque improbos jubendo aut vetando movet.These opinions, originally intended to mitigate the severity of the Civil Law, whose basis was the harsh and inflexible collection of the Twelve Tables, by enabling the magistrate to modify his decisions, and evade the cruel legislation of a barbarous age, laid the foundation of equity jurisprudence. CONCERNING ENEMIES WHO HAVE SURRENDERED AT DISCRETION.After the Responsa had, by Imperial sanction and general acceptance, acquired full legal effect, they were designated sententiæ receptæ. (14) Those enemies are called dediticii who, having formerly taken up arms and fought against the Roman people afterwards have been conquered and have surrendered at discretion.(5) An Imperial Constitution is what the Emperor establishes by a decree, an edict, or a letter, and there was never any doubt that it had the force of a law, as the Emperor himself derives his authority from a statute.
