Essays on the Materialistic Conception of HistoryLabriola, Antonio
Philosophy
Essays on the Materialistic Conception of History
Labriola, Antonio
History -- Philosophy; Marx, Karl, 1818-1883. Manifest der Kommunistischen Partei; Materialism; Socialism
In fact, considering the peculiarities of rival laws, which were either
customs of barbarous nations, or corporation privileges, or papal or
imperial concessions, this law appeared as the universality of _written
reason_. Had it not arrived at the point of regarding human personality
in its most abstract and human relations, since a certain Titius is
capable of becoming debtor and creditor, of selling and buying, of
making a cession, a donation, etc.? Roman law, although elaborated in
its last editing at the command of emperors by servile parasites,
appeared then, amid the decline of mediaeval institutions, as a
revolutionary force, and as such it constituted a great step of
progress. This law, so universal that it gave the means of overthrowing
barbaric laws, was certainly a law which corresponded to human nature
considered under its generic relations; and by its opposition to private
laws and privileges it appeared as a natural law.
We know, moreover, how this ideology of natural law arose. It acquired
its greatest distinction in the seventeenth and eighteenth centuries;
but it had long been prepared for by the jurisprudence which took for
its base the Roman law, whether it adopted it, revised it, or corrected
it.
To the formation of the ideology of natural law another element
contributed, the Greek philosophy of later epochs. The Greeks, who were
the inventors of those definite arts of the mind which are sciences,
never, as is known, drew from their multiple local laws a discipline
corresponding to that which we call the science of law. On the contrary,
by the rapid progress of abstract research in the circle of their
democracies, they arrived very soon at a logical, rhetorical and
pedagogical discussion on the nature of justice, the state, the law,
penalty; and in their philosophy we may trace the rudimentary forms of
all later discussions. But it is not until later, that is to say, in the
Hellenistic epoch, when the limits of Greek life were sufficiently
enlarged to be mingled with those of the civilized world, that, in the
cosmopolitan environment which carried with it the need of searching in
each man for the generic man, the rationalism of justice arose--of
justice or of natural right in the form given it by the stoic
philosophy. The Greek rationalism which had already furnished a certain
formal element to the logical codification of Roman law reappeared in
the eighteenth century in the doctrine of natural right.
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