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
This Arabian concept of nationality is a new and wholly decisive
fact. The frontiers between “home” and “abroad” lay in the Apollinian
world between every two towns, and in the Magian between every two
creed-communities. What the “enemy,” the peregrin, was to the Roman,
the Pagan was to the Christian, the Amhaarez to the Jew. What the
acquisition of Roman citizenship meant for the Gaul or the Greek in
Cæsar’s time, Christian baptism meant for him now--entry into the
leading nation of the leading Culture.[93] The Persians of the Sassanid
period no longer conceived of themselves, as their predecessors of
Achæmenid times had done, as a unit by virtue of origin and speech, but
as a unit of Mazdaist believers, _vis-à-vis_ unbelievers, irrespective
of the fact that the latter might be of pure Persian origin (as
indeed the bulk of the Nestorians were). So also with the Jews, and
later the Mandæans and Manichæans, and later again the Monophysite
and the Nestorian Christians--each body felt itself a nation, a legal
community, a juristic person in a new sense.
Thus there arises a group of Early Arabian laws, differentiated
according to religions as decisively as Classical laws are
differentiated according to cities. In the realm of the Sassanids
schools arose for the teaching the Zoroastrian law proper to them; the
Jews, who formed an exceedingly large portion of the population from
Armenia to Sabæa, created their proper law in the Talmud, which was
completed and closed some few years before the _Corpus Juris_. Each one
of these Churches had its peculiar jurisdiction, independent of the
geographical frontiers of the moment--as in the East to-day--and the
judge representing the ground-lord judged only cases between parties
of different faiths. The self-jurisdiction of the Jews within the
Empire had never been contested by anyone, but the Nestorians and the
Monophysites also began, very soon after their separation, to create
and to apply laws of their own, and thus by a negative process--i.e.,
by the gradual withdrawal of all heterodox communities--Roman imperial
law came to be the law of the Christians who confessed the same creed
as the Emperor. Hence the importance of the Roman-Syrian law-book,
which has been preserved in several languages. It was probably[94]
pre-Constantinian and written in the chancery of the Patriarch of
Antioch; it is quite unmistakably Early Arabian law in Late Classical
form, and, as its many translations indicate, it owed its currency to
the opposition to the orthodox Imperial Church. It was without doubt
the basis of Monophysite law, and it reigned till the coming of Islam
over a field far larger than that of the _Corpus Juris_.
Public-domain text, read in full here on John Shaqi.
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