Principles of Political Economy, Vol. 1 — John Shaqi
Principles of Political Economy, Vol. 1Roscher, Wilhelm
History
Principles of Political Economy, Vol. 1
Roscher, Wilhelm
Economics
Without acknowledging it to themselves, the chiefs of the contending
parties were each obeying a political impulse. Savigny was by his birth
and his tastes carried into the camp of conservatism; Thibaut, led by his
convictions, into the liberal ranks. Nevertheless, the natural elevation
of their genius preserved them from all exaggeration. The glorious
defender of tradition preserved a liberal spirit, and the ardent advocate
of reform desired no upheaval.
In what more nearly concerns the question with which we are now occupied,
Savigny—while he maintained that law was something contingent, human,
national; and while he brought out into relief the practical and exalted
character of its successive developments which introduced reform and
guarded against revolution—developments which, not confiding in the letter
of the written law, unceasingly feed the living and created law, that law
called in the energetic language of a great jurisconsult, a law _écrit es
coeurs des citoyens_—is far from denying the importance of a high and
healthy philosophy which directs man in the uninterrupted labor to which
he is called, in the sphere of jurisprudence.
Men can no more renounce law than language, the forms of which last they
have gradually modified in order to better translate their thoughts into
words. The legislator’s task is the successive elaboration of obligatory
provisions. He will sometimes oppose and sometimes second the natural
progress of law; but, in doing so, it will ever be necessary for him to
ascend to the nature of things, and grasp their relations, if he would not
go astray in practice, or lose himself among the successive and partial
changes to which the illustrious Berlin professor would confine the
legitimate ambition of legislative power. To go beyond this, in an age
like ours, seemed to him to be a work of destruction. However, far from
denying the influence of thought, and therefore of philosophy, acting
within its sphere, Savigny invokes its fertile aid.
Thibaut, on the other hand, with more confidence in the powers of the
spirit of modern times, did not believe a good codification to be
impossible. His starting point had been a cry for national independence.
He well knew how much veneration was due those institutions which were the
slow and progressive work of national genius, and what was the power they
possessed. He wished, therefore, to reform, not to abolish them. He well
understood that the greatness of the _Code Napoléon_ itself, and the
respect which it inspired were due to the fact that its roots ran deep
into the soil of the past, even while the modern idea it contained shone
like a bright light in the world of things. Hence, without contesting the
value of history, he refused to acknowledge its right to exclusive
reign.(18)
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