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
and Cleomenes III (about 240) aligns itself with the political activity
of C. Flaminius, which began only a few years later. But never in
Sparta were the kings able to achieve any thorough-going success over
the senatorial element represented by the Ephors.
In the period of these struggles, Rome had become a megalopolis of the
late-Classical type. The rustic instincts were more and more pushed
back by the intelligence of the city.[79] Consequently from about 350
we find side by side with the _lex rogata_ of the people the _lex
data_, the administrative law, of the prætor. With this the Twelve
Tables idea drops out of the contest and it is the prætor’s edict that
becomes the football of the party battle.
It did not take long for the prætor to become the centre of both
legislation and judicial practice. And presently, corresponding to the
political extension of the city’s power, the jurisdiction of the prætor
and the field of his _jus civile_--the law of the citizens--begin
to diminish in significance and the peregrin prætor with his _jus
gentium_--the law of the alien--steps into the foreground. And when
finally the whole population of the Classical world, save the small
part possessing Roman citizenship, was comprised in the field of this
alien law, the _jus peregrinum_ of the city of Rome became practically
an imperial law. All other cities--and even Alpine tribes and migrant
Bedouin clans were _civitates_ from the administrative point of
view--retained their local laws only as supplements, not alternatives,
to the peregrin law of Rome.
It marked the close of Classical law-making, therefore, when Hadrian
(about A.D. 130) introduced the _Edictum perpetuum_, which gave final
form to the well-established corpus of the annual pronouncements of the
prætors and forbade further modifications thereof. It was still, as
before, the prætor’s duty to publish the “law of his year,” but, even
though this law had no greater degree of validity than corresponded to
his administrative powers and was not the law of the Empire, he was
obliged thenceforth to stick to the established text.[80] It is the
very symbol of the petrified “Late” Civilization.[81]
Public-domain text, read in full here on John Shaqi.
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