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
_Classical law is a law of bodies._ In the general stock composing
the world it distinguishes bodily Persons and bodily Things and, like
a sort of Euclidean mathematic of public life, establishes ratios
between them. The affinity between mathematical and legal thought is
very close. The intention, in both, is to take the prima facie data, to
separate out the sensuous-incidental, and to find the intellectually
basic principle--the _pure_ form of the object, the _pure_ type of
the situation, the _pure_ connexity of cause and effect. Life, in
the Classical, presents itself to the critical waking-consciousness
of the Classical man in a form penetrated with Euclidean character,
and the image that is generated in the legal mind is one of bodies,
of positional relations between bodies, and of reciprocal effects of
bodies by contact and reaction--just as with Democritus’s atoms. It is
juristic statics.[85]
V
The first creation of “Arabian” law was _the concept of the incorporeal
person_.
Here is an element entirely absent in Classical law,[86] and appearing
quite suddenly in the “Classical” jurists (who were all Aramæans),
which cannot be estimated at its full value, or in its symbolic
importance as an index of the new world-feeling, unless we realize the
full extent of the field that this Arabian law covered.
The new landscape embraces Syria and northern Mesopotamia, southern
Arabia and Byzantium. In all these regions a new law was coming into
being, an oral or written customary law of the same “early” type
as that met with in the _Sachsenspiegel_. Wonderfully, the _law of
individual cities_ which is so self-evident on Classical ground is
here silently transmuted into a _law of creed-communities_. It is
Magian, magic, through and through. Always _one_ Pneuma, _one_ like
spirit, _one_ identical knowledge and comprehension of whole and
sole truth, welds the believers of the same religion into a unit
of will and action, _into one juristic person_. A juristic person
is thus a collective entity which has intentions, resolutions, and
responsibilities as an entity. In Christianity we see the idea already
actual and effective in the primitive community at Jerusalem,[87] and
presently it soars to the conception of a triune Godhead of three
Persons.[88]
Public-domain text, read in full here on John Shaqi.
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