Gibbon's The Decline And Fall Of The Roman Empire
91 - 144,) Justinian, (l. ii. tit. x. - xxv.,) and Theophilus,
328 - 514;) and the immense detail occupies twelve books
- xxxix.) of the Pandects.]
The general duties of mankind are imposed by their
- public and private relations
- but their specific obligations to
each other can only be the effect of, 1. a promise, 2. a benefit,
- or 3. an injury
- and when these obligations are ratified by law,
the interested party may compel the performance by a judicial
action. On this principle, the civilians of every country have
erected a similar jurisprudence, the fair conclusion of universal
reason and justice. ^158
[Footnote 158: The Institutes of Caius, (l. ii. tit. ix. x. p.
144 - 214,) of Justinian, (l. iii. tit. xiv. - xxx. l. iv. tit.
- vi.,) and of Theophilus, (p. 616 - 837,) distinguish four
sorts of obligations - aut re, aut verbis, aut literis aut
consensu: but I confess myself partial to my own division.
Note: It is not at all applicable to the Roman system of
contracts, even if I were allowed to be good. - M.]