Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-11-18
Translated for the washington Sentinel.


Jaeulty Of Jurisprudence Of Ibaiers. ! col.
ms. Paris. Maresey d Dyadin, 1854.
Like the language we speak, French Juris-
prudence proceeds from various sources. In
the same manner as the French sprung up
from three races-the Latin, Celtic, and Ger
man-French laws have been formed under
The triple influence of Roman, Canon, and
Common Law. In this lies the essence of
French genius, which is eclectic, though it pre-
serves at the same time an entire independence.
Cleaning everywhere, with choice and preci-
sion, it continues to make, with its carefully
gathered crop, solid shock which remains its
own and which keeps verdant through time
and storms.
The book before us is nothing more than the
history OF French Jurisprudence successfully
formed and improved during fourteen ages,
from 4S6 to 1904. The author has divided
his work in four parts LIST. The Frank and
barbarian time; I'd. Feudality; Sd. Absolute
Monarchy; 4th. The Revolutionary Era.
Questions, laws, evolutions Of Jurisprudence,
during these four periods, present too complex
ed work TO find their place here. In such
matters it is best to make selection. Matrimo-
ny, for instance, and the Family, such as they
ale described in Mr.. MINERS book--the pro.
gress of the laws by which they are regulated
what they were through various ages and civ
ilizations-will suffice to give us an outline of
the labors Of the writer Beside, does not
matrimony and family afford all sorts of in
formation touching mans efforts to emancipate
himself in private life, and hisslow conquests in
civil life Before being citizen, he is son, hus.
band, and father. Under many respects, a city
is but an enlarged family circle. In consider
ing it, we will better understand the part and
duty of man in public life 1t is always pro-
fitable to make such an examination.
In Sparta, for instance, the legislation of
Lycurgus had very nearly suppressed the
family for the benefit of the city. AS Sparta
then reckoned about ten thousand citizens, she
was easily governed, and particular principles
were easily made prevalent within her walls.
We know what she became under that legisla-
ton; family without heart, independence,
love, and almost without property. Every
thing was subordinate to the country. Natu-
raj laws were necessarily counteracted by civil
laws; and man, instead of being his master,
was the property of the State. The law-giver,
going through the most intimate secrets of
private life, regulated all individual propensi-
ties. The going to bed, and coming out from
bed, walking, and eating, were submitted to
determined and despotic rules. Children, the
offspring of marriage, had to be strong and
well shaped, otherwise they were put to death,
and matrimony, instead of being an affection
ate tie, had no other object but the production
of citizens necessary to the State Lodging
and eating were common to all. The frugality
of the meals was seasoned with hunger and
fatigue, the natural consequence of obliga-
tory exercises. No trade was allowed
in country but under the woke Of
equality in poverty. Communism had pre-
sided over the divisions Of land-a deceitful
communication the land is not the same in
all localities; and the inequality of its pro-
ducts are like the inequality of tillage. Ly.
curgus had maintained the rights of inheri.
lance, adding few restrictions, SO as not to
increase individual property at the expense of
the commonwealth. The result Of this was a
decrease in the population; for, in order not TO
augment his charge, the owner had no inclina-
ton to see his family increased. War lessened
their number, whilst the Helots, free from taxa
ton and public service, multiplied in an CD.
posite proportion. These increased inequali-
ties, strengthened by war, provoked the prompt
introduction, in that sort Of violently admin
istered barracks, Of cupidity in the stead of dis
interestedness and corruption finally usurped
the place Of virtue. This ought to demon.
strate that we must prudentlJ help the legiti-
mate impulse Of nature, rather than suppress
it by force; and that il is only through
such process that society is made good and
permanent Family affections, marriage, pro-
perry, ambition, emulation, are natural, and
anterior and superior to human laws. IL is
through fidelity to the rights they involve and
the duties they prescribe, than a legislator can
cause his fellow-citizens to love their country
to understand dependence in liberty, and TO
obey without struggle the commands of the
laws.
Among the Spartans, civil liberty presents
a resemblance to the primitive constitution Of
the family with the Romans. Here, the woman
contracting civil marriage, was placed under
the power Of her husband So excessive was
his authority at 6rst that he could by his single
will, snd, in later times, with the assistance of
a family council sentence his wife to death.
Children, and children's property, we're alb
sorbed in the fathers power No~here, saws
Gaius, have fathers exercised over their chill
dren power equal to that Of the Roman
father he could have them and bis wife nut
TO death, and when, at a more advanced period,
the latter became emancipaied Tho con %.