Excerpt from History of Roman Private Law, Vol. 1
Whether I shall be doing what is worth while - to quote the opening words of Livy - in writing a new History of Roman Law at this time of day, I scarcely know. The following were the desiderata, as they seemed to me, which determined me to the task a good many years ago (see Clark's Practical Jurisprudence, p.6).
The ultimate results of the so-called "Classical Jurisprudence," coupled with the Imperial Legislation which ends with Justinian, had been duly estimated and fairly well expounded, in one form or another, for some time past. But the treatment of Roman Private Law in its process of historical development, which surely is at least as remarkable and instructive as those results, did not appear to me to have been distinctly dealt with in an equally satisfactory manner.
This deficiency was not of course imputed by me to any failure in insight or power of treatment on the part of predecessors and contemporaries whom it would have been presumption to criticise, but to differences in object. I can best explain my meaning by reference to one of the most renowned of such predecessors.
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