Benedetto Croce: An Introduction to His PhilosophyPiccoli, Raffaello
Philosophy
Benedetto Croce: An Introduction to His Philosophy
Piccoli, Raffaello
Aesthetics; Croce, Benedetto, 1866-1952
The philosophy of law has often had recourse to the philosophy of
language for analogies by which its own problems could be clarified. A
doctrinaire view of the juridical and political problem, for which the
origin of law and society is to be found in an abstract convention,
and which therefore tends to build up, by new conventions, a model
legislation, or an Eternal Code, shows its real nature when related to
the corresponding conception of language as a collection of signs, a
purely symbolical organism, which can be so perfected by reason as to
become an absolute, universal language, embodying in its signs every
conceivable type of logical operations: a universal language, which
should also be a universal symbolic logic. Sharply opposed to the
doctrinaire, the traditionalist views certain types of positive laws
and institutions as endowed with a character of necessity which puts
them above the reach of the individual judgment of man; and as he fails
to discover the ever present creative activity, by which man constructs
his juridical and political world, he also withdraws from the human
spirit the power to create its own language, and makes of words a
divine institution. Equally remote from the sociological as from the
theological concept, which are the extreme theoretical forms of popular
errors, Croce establishes between law and language an analogy by which
both manifest their intrinsic creative and human character. The reality
of law is the individual juridical or economic activity, as the reality
of language is the concrete intuitive activity. Law is the will of the
individual, as language is the knowledge of the individual. Grammars
and dictionaries are the codes of language, mere abstractions from the
actual living flux of the creative expression, as the written laws and
codes are but the grammars of law, mere abstractions from the actual
living flux of political history. Language is not logic, and yet the
logical thought cannot realize itself except through language; law
is not morality, and yet the ethical activity cannot live except by
incorporating itself in laws and institutions, and in the execution of
laws, the concrete, individual life of institutions, that is, in the
juridical and economic activity.
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