the formal peculiarities of the jus civile strictly speaking. And the same was true of the praetorian edict. The Roman law also gave legal effect to inveterata consuetude, the law which is sanctioned by custom: "for since the laws bind us because established by the decision of the people, those unwritten customs which the people have approved are binding."[1]
Simply naming the sources of Roman law indicates the ways in which it grew, and the part taken by the jurisconsults in its development as a universal and elastic system. It was due to their labours that legal principles were logically carried out through the mass of enactments and decisions; that is, it was due to their large consideration of the body of existing law, that each novel decision—each case of first impression—should be a true legal deduction, and not a solecism; and that even the new enactments should not create discordant law. And it was due to their labours that as rules of law were called forth, they were stated clearly and in terms of well-nigh universal applicability.
The Laws of the Twelve Tables showed the action of legal intelligence and the result of much experience. They sanctioned a large contractual freedom, if within strict forms; they stated broadly the right of testamentary disposition. Many of their provisions, which commonly were but authoritative recognitions, were expressions of basic legal principles, the application of which might be extended to meet the needs of advancing civic life. And through the enlargement of this fundamental collection of law, or deviating from it in accordance with principles which it implicitly embodied, the jurists of the Republic and the first centuries of the Empire formed and developed a body of private and public law from which the jurisprudence of Europe and America has never even sought to free itself.
Roman jurisprudence was finally incorporated in Justinian's Digest, which opens with a statement of the most general principles, even those which would have hung in the air but for the Roman genius of logical and practical application to the concrete instance. "Jus est ars
- ↑ Dig. i. 3, 32.
