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The Roman Law of To-day


The manner in which the intermediate Roman law looked at this matter is, in my eyes, something wonderful. It was equally far removed from two extremes, from that of the old law, which placed objective injustice on the same level as subjective injustice, and from that of our present law, which taking an opposite direction has lowered the latter to the level of the former. It gave entire satisfaction to the legitimate claims which could be raised by the justest feeling of legal right, for it was not satisfied with strictly separating the two species of injustice, but it could discern and give expression minutely and intelligently to the form, mode, gravity, and to all the shades of subjective injustice.

In turning now to the last stage of development of the Roman law, as it has been definitely fixed, in the Institutes of Justinian, I cannot resist calling attention to the importance of the law of inheritance, both for the

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