第 8 节
作者:无组织      更新:2021-02-17 22:57      字数:2610
  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。