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
Before Constantine, even, the Late Classical law of imperial decrees
(_constitutiones, placita_) though the Roman form of city law was
strictly kept, was genuinely a law for the _believers of the “Syncretic
Church,”_[89] that mass of cults perfused by one single religiousness.
In Rome itself, it is true, law was conceived of by a large part of
the population as city-state law, but this feeling became weaker and
weaker with every step towards the East. The fusion of the faithful
into a single _jural community_ was effected in express form by the
Emperor-cult, which was religious law through and through. In relation
to this law Jews and Christians[90] were infidels who ensconced
themselves with their own laws in another field of law. When in 212
the Aramæan Caracalla, by the _Constitutio Antoniana_, gave Roman
citizenship to all inhabitants except _dediticii_ peregrins,[91] the
form of his act was purely Classical, and no doubt there were plenty of
people who understood it in the Classical spirit--i.e., as literally
an incorporation of the citizens of every other city in the city of
Rome. But the Emperor himself conceived it quite otherwise. It made
everyone subject to the “Ruler of the Faithful,” the head of the
cult-religion venerated as _Divus_. With Constantine came the great
change; he turned Imperial Caliph law on to the creed-community of
Christianity in lieu of that of Syncretism, and thereby _constituted
the Christian Nation_. The labels “devout” and “unbeliever” changed
places. From Constantine onwards the quiet transformation of “Roman”
law into _orthodox Christian law_ proceeded more and more decisively,
and it was as such that converted Asiatics and Germans received and
adopted it. Thus a perfectly new law came into being in old forms.
According to the old marriage-law it was impossible for a Roman burgher
to marry the daughter of, say, a Capuan burgher if legal community,
_connubium_, was not in force between the two cities.[92] But now the
question was whether a Christian or a Jew--irrespective of whether he
was Roman, Syrian, or Moor--could legally marry an infidel. For in the
Magian law-world there was no _connubium_ between those of different
faiths. There was not the slightest difficulty about an Irishman
in Constantinople marrying a Negress if both were Christians, but
how could a Monophysite Christian marry a Nestorian maiden who was
his neighbour in their Syrian village? Racially they were probably
indistinguishable, but they belonged to legally different nations.
Public-domain text, read in full here on John Shaqi.
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