German Culture Past and PresentBax, Ernest Belfort
History
German Culture Past and Present
Bax, Ernest Belfort
Anabaptists; Germany -- Civilization; Germany -- Social conditions; Peasants' War, 1524-1525; Reformation -- Germany
The impatience of the prince, the prelate, the noble, and the wealthy
burgher at the restraints which the system of the Middle Ages placed
upon his activity as an individual in the acquisition for his own
behoof, and the disposal at his own pleasure, of wealth, regardless of
the consequences to his neighbour, found expression, and a powerful
lever, in the introduction from Italy of the Roman law in place of the
old canon and customary law of Europe. The latter never regarded the
individual as an independent and autonomous entity, but invariably
treated him with reference to a group or social body, of which he
might be the head or merely a subordinate member; but in any case the
filaments of custom and religious duty attached him to a certain
humanity outside himself, whether it were a village community, a
guild, a township, a province, or the empire. The idea of a right to
individual autonomy in his dealings with men never entered into the
mediaeval man's conception. Hence the mere possession of property was
not recognized by mediaeval law as conferring any absolute rights in
its holder to its unregulated use, and the basis of the mediaeval
notions of property was the association of responsibility and duty
with ownership. In other words, the notion of _trust_ was never
completely divorced from that of _possession_.
The Roman law rested on a totally different basis. It represented the
legal ethics of a society on most of its sides brutally and crassly
individualistic. That that society had come to an end instead of
evolving to its natural conclusion--a developed capitalistic
individualism such as exists to-day--was due to the weakness of its
economic basis, owing to the limitation at that time of man's power
over Nature, which deprived it of recuperative and defensive force,
thereby leaving it a prey not only to internal influences of decay but
also to violent destructive forces from without. Nevertheless, it left
a legacy of a ready-made legal system to serve as an implement for the
first occasion when economic conditions should be once more ready for
progress to resume the course of individualistic development, abruptly
brought to an end by the fall of ancient civilization as crystallized
in the Roman Empire.
Public-domain text, read in full here on John Shaqi.
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