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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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