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
About 200 the Apologists pass into the Fathers proper, the Tannaim
into the Amoraim, the great casuists of juridical law (_jus_) into the
exegetes and codifiers of constitutional law (_lex_). The constitutions
of the Emperors, from 200 the sole source of new “Roman” law, are
again a new “Halakhah” laid down over that in the jurists’ writings,
and therefore correspond exactly to the Gemara, which rapidly evolved
as an outlier of the Mishnah. The new tendencies reached fulfilment
simultaneously in the _Corpus Juris_ and the Talmud.
The opposition between _jus_ and _lex_ in Arabian-Latin usage comes
to expression very clearly in the work of Justinian. Institutes and
Digests are _jus_; they have essentially the significance of canonical
texts. Constitutions and Novels are _leges_, new law in the form
of elucidations. The canonical books of the New Testament and the
traditions of the Fathers are related to one another in the same way.
As to the Oriental character of the thousands of constitutions, no
one now has any doubts. It is pure customary law of the Arabian world
that the living pressure of evolution forced under the texts of
the learned.[100] The innumerable decrees of the Christian rulers
of Byzantium, of the Persian of Ctesiphon, of the Jewish (the
Resh-Galuta[101]) in Babylonia, and finally of the Caliphs of Islam
have all exactly the same significance.
But what significance had the _other_ part of pseudo-Classical, the
old jurists’, law? Here it is not enough to explain texts, and we
must know what was the relation between texts, jurisprudence, and
court decisions. It can happen that one and the same law-book is, in
the waking-consciousness of two groups of peoples, equivalent to two
fundamentally different works.
It was not long before it became the habit, not to apply the old laws
of the city of Rome to the fact-material of the given case, but to
quote the jurists’ texts like the Bible.[102] What does this signify?
For our Romanists it is a sign of decadence, but looked at from the
view-point of the Arabian world, it is just the reverse--a proof that
Arabian man did eventually succeed in making an alien and imposed
literature inwardly his own, in the form admissible for his own
world-feeling. With this the completeness of the opposition between the
Classical and the Arabian world-feeling becomes manifest.
VI
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