History of Human SocietyBlackmar, Frank W. (Frank Wilson)
History
History of Human Society
Blackmar, Frank W. (Frank Wilson)
Civilization; Progress; Sociology
When the Teutons came in contact with the Romans they mingled their
principles of law with those of the latter, and thus made law more
formal. Nearly all of the tribes, after this contact, had their laws
codified and written in Latin, by Roman scholars, chiefly of the
clergy, who incorporated not only many elements of Roman law but also
more or less of the elements of Christian usage. Those tribes which
had been the longer time in contact with the Romans had a greater body
of laws, more systematized and of more Roman {292} characteristics.
Finally, as modern nationality arose, the laws were codified, combining
the Roman and the Teutonic practice.
The forms of judicial procedure remained much the same on account of
the character of Teutonic social organization. The personal element
was so strong in the Teutonic system as to yield a wide influence in
the development of judicial affairs. The trial by combat and the early
ordeals, the latter having been instituted largely through the church
discipline, and the idea of local courts based upon a trial of peers,
had much to do with shaping the course of judicial practice. The time
came, however, when nearly every barbarian judicial process was
modified by the influence of the Roman law, until the predominance of
the state, in judicial usage, was recognized in place of the personal
element which so long prevailed in the early Teutonic customs.
But in the evolution of the judicial systems of the various countries
the Teutonic element of individual liberty and individual offenses
never lost its influences. These simple elements of life indicate the
origin of popular government, individual and social liberty, and the
foundation of local self-government. Wherever the generous barbarians
have gone they have carried the torch of liberty. In Italy, Greece,
England, Germany, Spain, and the northern nations, wherever the lurid
flames of revolt against arbitrary and conventional government have
burst forth, it can be traced to the Teutonic spirit of freedom. This
was the greatest contribution of the Teutonic people to civilization.[2]
{293}
SUBJECTS FOR FURTHER STUDY
1. The vital elements of modern civilization contributed by the
Germans.
2. Teutonic influence on Roman civilization.
3. Compare the social order of the Teutons with that of the early
Greeks.
4. Causes of the invasion of Rome by the Teutonic tribes.
5. What were the racial relations of Romans, Greeks, Germans, Celts,
and English?
6. Modern contributions to civilization by Germany.
[1] See Chapter XXI.
[2] The modern Prussian military state was a departure from the main
trend of Teutonic life. It represented a combination of later
feudalism and the Roman imperialism. It was a perversion of normal
development, a fungous growth upon institutions of freedom and justice.
{294}
CHAPTER XVIII
FEUDAL SOCIETY
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