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lect02-第8部分
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nearly on the footing required by the Christian theory; nor is
there any reasonable doubt that this result has been brought
about in the main by the Roman Catholic clergy。 But this
purification of morals was effected during the period through
which monks and monasticism were either expelled from Ireland or
placed under the ban of the law。
I will take this opportunity of saying that the influence of
Christianity on a much more famous system than the Brehon law has
always seemed to me to be greatly overstated by M。 Troplong and
other well…known juridical writers。 There is; of course; evidence
of Christian influence on Roman law in the disabilities imposed
on various classes of heretics and in the limitations of that
liberty of divorce which belonged to the older jurisprudence。
But; even in respect of divorce; the modifications strike me as
less than might have been expected from what we know of the
condition of opinion in the Roman world; and; as regards certain
improvements said to have been introduced by Christianity into
the Imperial law of slavery; they were probably quickened by its
influence; but they began in principles which were of Stoical
rather than of Christian origin。 I do not question the received
opinion that Christianity greatly mitigated and did much to
abolish personal and predial slavery in the West; but the
Continental lawyers of whom I spoke considerably antedate its
influence; and take far too little account of the prodigious
effects subsequently produced by the practical equality of all
men within the pale of the Catholic priesthood。 But I principally
deprecate these statements; which in some countries have almost
become professional commonplaces; for two reasons。 They slur over
a very instructive fact; the great unmalleability of all bodies
of law。 and they obscure an interesting and yet unsettled;
problem; the origin of the Canon law。 The truth seems to be that
the Imperial Roman law did not satisfy the morality of the
Christian communities; and this is the most probable reason why
another body of rules grew up by its side and ultimately almost
rivalled it。
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