The Relation of Custom to Law

Cover The Relation of Custom to Law
The Relation of Custom to Law
Gilbert T Gilbert Thomas Sadler
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Customs changed as leniency increased, and what was leniency but the principle in the jus naturale, even though not called by that name? and " the latter periods of Roman law present a gradual emancipation of filius familias by successive inventions of new kinds of peculium " (u). So with slaves. They had been often cruelly treated in the Republic ; some were exposed, some (r) Constantino made a law concerning peculium quasi cas- trense. See Ortolan, History of Roman Law, p. 312. (s) Digesta, I.... 6. 8. (t) Cod. VII. 16. 1. () E. Poste on Gaius : Institutiones, p. 65. THE RELATION OF CUSTOM TO LAW. 23 slept in private prisons, some were chained together to work in the fields. Many who revolted were crucified. But Seneca, who was influenced by the idea of the jus naturale, taught that slaves had the dignity of men. Such a sentiment came not from Christianity, but from the Stoics of Greece. Seneca said that masters who ill-treated their slaves were pointed at in the streets and blamed (#).

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