Cambridge Essays, Contributed by Members of the University, 1856 (Classic Reprint)

Excerpt from Cambridge Essays, Contributed by Members of the University, 1856

F it were worth our while to inquire narrowly into the causes which have led of late years to the revival of interest in the Roman civil law, we should probably end in attributing its increasing popularity rather to some incidental glimpses of its value which have been gained by the English practitioner in the course of legal business, than to any widely difl'used or far-reaching appreciation of its importance as an instrument of knowledge. It is most certain that the higher the point of jurisprudence which has to be dealt with, the more signal is always the assistance derived by the English lawyer from Roman law; and the higher the mind em ployed upon the question, the more unqualified is its admiration of the system by which its perplexities have been disentangled. But the grounds upon which the study of Roman jurisprudence 1s to be defended are by no means such as to be intelligible only to the subtlest intellects, nor do they await the occurrence of recondite points of law in order to disclose themselves. It is believed that the soundness of many of them will be recognised as soon as they are stated, and to these it is proposed to call attention in the present Essay.

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