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
In the West it is conspicuously the other way about. The tendency is
from the first to bring the entire living body of law into a general
code, ordered for ever and exhaustively complete, containing in advance
the decision of every conceivable future problem.[71] All Western law
bears the stamp of the future, all Classical the stamp of the moment.
IV
But this, it may be said, is contradicted by the fact that there
actually were Classical law-works compiled by professional jurists
for permanent use. Undoubtedly so. But we must remember that we are
completely ignorant of Early Classical law (1100-700) and it is pretty
certain that the customary law of the country-side and the nascent
town was never noted down as that of the Gothic age was set forth
in the _Sachsenspiegel_ or that of the Early Arabian in the _Syrian
Law-book_.[72] The earliest stratification that we can now detect
consists of the collections (from 700 B.C.) ascribed to mythical or
semi-mythical personages like Lycurgus, Zaleucus, Charondas, and
Dracon,[73] and certain Roman kings.[74] That these existed the form
of the saga shows, but of their real authors, the actual process of
their codification, and their original contents even the Greeks of the
Persian War period were ignorant.
A second stratification, corresponding to Justinian’s code and to the
“Reception” of Roman Law in Germany, is connected with the names of
Solon (600), Pittacus (550), and others. Here the laws have already
attained to a structure and are inspired by the city; they are
described as “politeiai,” “nomoi,” in contrast to old “thesmai” and
“rhetrai.”[75] In reality, therefore, we only know the history of
_late_ Classical law. Now, why these sudden codifications? A mere look
at these names shows that at bottom they were not processes of putting
down the results of pure experience, but _decisions of political power
problems_.
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