Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-11


the present modern conception of pre-
siding judge. after the judge heard
the evidence of the li'igants and the
arguments OF advocates the judge re-
turned his decisive Judgment To the
practor, who had appointed him.
primarily the practor was a great
statesman or Politician whose final
function was To enforce the law. the
judcX, or as We would call him The
referee, might have nu technical know
ledge OF law whatever. Under such
conditions the unlcarncd magistrates
looked to the jurisconsul for instruc-
TONS through their response pridcn.
tum. the technical name given to their
opinions as experts.
According To the institutional trca-
ties published under authority of
.Iustinian, Tho law which a people
enact is called the civil law Of that
people, but that which natural reason
appoint for all mankind is called. the
law of nations, because all nations use
it,
Origin of Roman Justice.
What was the origin anu nature of
this Roman jus'entum. This law used
by all nations. Il law utterly different
from what is now International law?
II was the general rule OF the ancient
world that the law of one city had no
application tn the citizens of another.
The jus civilc of Roman was cXclu-
sivc property Of her citizens, could
not be applied between h Roman and
foreigner. For that reason it was noe
cSsary To constitute Il practor perc-
srinus for the benefit OF the large
foreign element. The practor of for
MT. L.,
Roman citizens AMI foreigners, he
tween foreigners and foreigners and
between citizens Of different cities in
the empire
Here Mr.. Taylor explained that it
was necessary for the practor to- turn
his eyes to the codes of all cities ms he
could not rely upon the law of any one
city for the critrria Of his Judgment
I'm the CONGRATULATIONS necessarily
made upon such broad data is the he
ginning of comparative Jurisprudence,
whose first fruit at Rome was the as
certainment of the fact that there are
certain uniform and universal conccp-
tions of justice common to all civilized
peoples. Before the new growth
reached its maturity the intellectual
life of Rome passed under the tlomin-
ion of their subjects in Attica and
PelnponcSsus, after they had yielded
To The ascepdancv Of tho Stole iyhilO-
sophcrS, who were ever stirring to dis.
cover the operations OF nature, phySi-
CAL moral and intellectual. the en-
bodimcnt of universal reason, idcnti-
cal with Ieus. the supreme ruler of
the universe"
Principles of Greek Philosophy.
Explaining that through the mind
OF the Roman lawyer the conception
entered into the jus gcntinm as an en-
panding and cnriching force that final
ly lifted it into higher sphere. MIR.
Taylor gave an interesting account of
how the broad principles Of Greek
philosophy became so blended with
the certain brand OF Roman commerce
cial law that The Antoninc jurisconsults
finally assumed the position that the
jus gcntium and the jus naturac were
Identical.
Mr. Taylor said: Long before that
time, however, Cicero had recognized
the fact and had declared in his gorge
ons phrase thai the fruit Of the union
Was not one law for. Rome, and an
other for Athens, one law today and
another law for tomorrow. hut one ctcr-
nal anil immortal law for all the time
and Tor all the nations, as God, the
common master and ruler, is one. Such
was tho general nature of the process
by which the primitive and unclastic
Roman code was liheraliZod and adapt
ed TO the changed conditions of an cX-
panding society through the growth of
that system of judgc.madc laws, called
equity. built up alongside of the primi-
tive code by tho iurisconsultS during
the period that preceded the overthrow
of the republic and the advent of
Augustus. Not until we approach the
fall OF the republic are causes found
al work, which clearly Indicate that
the responses are cnconntcring Obsta-
Giles fatal To their farther expressions.
Foremost among these must he noted
the effort made To systematic and re-
ducc them TO compcndia inaugliratcd
by Q. Mucuis Scaovola, an elder con-
temporary of Cicero, who is said to
have published a manual of the entire
or cited in the digest. Tho final blow to
the responses. whose growth was thus
checked by the rise Of scientific law
writers was dealt by Augustus himself.
who limited to few leading juriscon.
suits the right Of giving binding opin-
ions on cases submitted TO them.
As a now system could not he put
forth for every year each succeeding
practor published the etlict of his pre-.
dccessor with such editions rs the
necessities of tho moment or his own
views OF the law compelled hi INTO in
trOduco. Thus came into being tho
continuous or nnbrokcn cdict, which,
as nm engine of law requires, was sim
ply new method Of smperscding the
civil law as much MS possible by an
edictal Jurisprudence fabricated by the