The decline of the West, Volume 2 : $b Perspectives of world-historySpengler, Oswald
History
The decline of the West, Volume 2 : $b Perspectives of world-history
Spengler, Oswald
Civilization -- History
As the strongest example of a system that to all appearance has
travelled unaltered through two millennia, and yet actually has passed
through three whole courses of evolution in three Cultures, with
completely different meanings in each, we may take _Roman law_.
II
_Law_, in the Classical world, _is law made by citizens for citizens_
and presupposes that the state-form is that of the Polis. It was this
basic form of public life that led--and self-evidently--to the notion
of the person as identical with the man who, added to others like him,
made up the body (σῶμα)[62] of the State. From this formal fact of
Classical world-feeling grew up the whole structure of Classical law.
_“Persona” then is a specifically Classical notion, possessing meaning
and valency only in the Classical Culture._ The individual person is
a body which belongs to the stock of the Polis. It is with reference
to him that the law of the Polis is ordered, downwards into the law
of Things--with, as a marginal case, the slave who was body, but not
person--and upward into the law of Gods--with, as a marginal case, the
hero who from being person had attained godhead and the legal right
to a cult, like Lysander and Alexander in the Greek cities and _Divus
Julius_ and his successors in Rome. This tendency, becoming more and
more definite in the development of Classical jurisprudence, explains
also the notion of _capitis deminutio media_, which is so alien to our
Western ideas; for we can imagine a person (in our sense of the word)
as deprived of certain rights and even of all rights, but the Classical
man under this punishment _ceased to be a person_ although living on
as a body. And the specifically Classical idea of the thing, _res_, is
only intelligible in contrast to and as the object of _persona_.
Public-domain text, read in full here on John Shaqi.
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