History as past ethics; an introduction to the history of moralsMyers, P. V. N. (Philip Van Ness)
Philosophy
History as past ethics; an introduction to the history of morals
Myers, P. V. N. (Philip Van Ness)
Ethics -- History
As to the knightly ideal, this was too exclusively a martial one
to become the supreme rule of life and conduct for the multitude.
Furthermore, it was an aristocratic ideal, an ideal for the noble born
alone. This precluded the possibility of its becoming, as a distinct
type, a permanent force in civilization.
But the ethical type of the towns, embracing those native human virtues
which spring up everywhere out of the usual and universal relationships
of everyday life and occupations, was sure of a permanent place among
the ethical types of the classes and professions of modern society. In
the same sense that the medieval towns (as the birthplace of the third
estate) were the cradle of modern democracy, were they the cradle of
modern business morality. Just as through the medieval monastery passes
the direct line of descent of the present-day social conscience of
Christendom,[712] just so through the medieval town passes the direct
line of descent of the present-day business conscience of the Western
world.
[Sidenote: Disuse of trial by
wager of battle]
The influence of the spirit generated in the medieval towns is seen in
that important reform, the abolition of the judicial duel, which was
one of the most noteworthy matters in the moral history of the Middle
Ages.[713]
It was the military spirit of the German barbarians which, as we have
seen, was a chief agency in the introduction of the wager of battle
or trial by combat in the jurisprudence of the European peoples.[714]
Besides the influence of the towns, a number of other causes concurred
in gradually effecting the abrogation of this method of settling
disputes, among which the most efficient were the opposition of the
Church, the revival of the Roman law in the eleventh century, and the
advance in general intelligence. Into every one of these agencies there
entered an ethical element, so that we may regard this great reform, in
its causes as well as in its effects, as distinctively a moral reform.
Thus the influence of the towns was essentially ethical, for the rise
of these communities, as we have just seen, meant the superseding
of the ethics of aristocracy and war by the ethics of democracy and
industry. Consequently the influence exerted by the towns was largely
that of a new ideal of character.
The opposition of the Church was motived chiefly by moral feeling,
the pontiffs and the bishops who opposed the practice doing so on
the ground that the ordeal by battle was “brutal, unchristian, and
unrighteous.”
The advocates of the civil law opposed the practice not only because
it interfered with the royal and imperial administration of justice,
but because it was a practice based on ignorance and superstition and
“incompatible with every notion of equity and justice,” since brutal
force was allowed to usurp the place of testimony and reason. Thus the
Roman law, as the embodiment of right reason, was here as everywhere
else a moral force making for what is reasonable and just.
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