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
It is a grave error to suppose that a law that surveys all things
evenly and without being influenced by political and economic
interests can exist at all. Such a state of things can be pictured,
and is always being pictured, by those who suppose that the imagining
of political possibilities is a political activity. But nothing
alters the fact that such a law, born of abstractions, does not
exist in real history. Always the law contains in abstract form the
world-picture of its author, and every historical world-picture
contains a political-economic _tendency_ dependent, not upon what
this man or that thinks, but upon what is practically intended by the
class which in fact commands the power and, with it, the legislation.
Every law is established by a class in the name of the generality.
Anatole France once said that “our law in majestic equality forbids
the rich no less than the poor to steal bread and to beg in the
street.”[76] A one-sided justice no doubt. But equally the other
side will always try to win sole authority for laws derived from
_its_ outlook upon life. These legislative codes are one and all
political acts, and party-political acts at that--in the case of
Solon a democratic constitution (πολιτεία) combined with private laws
(νομοί) of the same stamp, in that of Dracon and the Decemvirs[77]
an oligarchic constitution fortified by private law. It was left
to Western historians, accustomed to their own durable law, to
undervalue the importance of this connexion; Classical man was under
no misapprehension as to what really happened in these cases. The
product of the Decemvirs was in Rome the last code of purely patrician
character. Tacitus calls it the end of right law (“_finis æqui juris_,”
_Annals_, III, 27). For, just as the fall of the Decemvirs was followed
very significantly by the rise of another Ten, the Tribunes, so
immediately the _jus_ of the Twelve Tables and the constitution on
which it was founded began to be attacked by the undermining process
of the _lex rogata_ (people’s law), which set itself with Roman
constancy to do what Solon had achieved in one act in the case of
Dracon’s work, the πατρίος πολιτεία which was the law-ideal of the
Attic oligarchy. Thenceforward Dracon and Solon were the “slogans”
in the long battle between Oligarchy and Demos, which in Rome meant
Senate and Tribunate. The Spartan constitution associated with the
name “Lycurgus” not only stood for the ideal of Dracon and the Twelve
Tables, but concreted it. We can see, parallel with the closely related
course of events in Rome, the tendency of the two Spartan kings to
evolve from the condition of Tarquinian tyrants to that of tribunes of
the Gracchan kind; the fall of the last Tarquins or the institution
of the Decemvirs--a _coup d’état_ of one kind or another against the
tribunician tendency[78]--corresponds more or less to the fall of
Cleomenes (488) and of Pausanias (470); and the revolution of Agis III
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