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
Whereas the Classical law was made by burghers on the basis of
practical experience, the Arabian came from God, who manifested
it through the intellect of chosen and enlightened men. The Roman
distinction between _jus_ and _fas_ (such as it was, for the content
even of _fas_ had proceeded from human reflection) became meaningless.
The law, of whatever kind, spiritual or secular, came into being, as
stated in the first words of Justinian’s Digests, _Deo auctore_. The
authoritativeness of Classical laws rests upon their success, that of
the Arabian on the majesty of the name that they bear.[103] But it
matters very considerably indeed in a man’s feelings whether he regards
law as an expression of some fellow man’s will or as an element of the
divine dispensation. In the one case he either sees for himself that
the law is right or else yields to force, but in the other he devoutly
acknowledges (“_Islam_” = to commit, devote). The Oriental does not ask
to see either the practical object of the law that is applied to him or
the logical grounds of its judgments. The relation of the cadi to the
people, therefore, has nothing in common with that of the prætor to the
citizens. The latter bases his decisions upon an insight trained and
tested in high positions, the former upon a spirit that is effective
and immanent in him and speaks through his mouth. But it follows from
this that their respective relations to written law--the prætor’s
to his edict, the cadi’s to the jurists’ texts--must be entirely
different. It is a quintessence of concentrated experience that the
prætor makes his own, but the texts are a sort of oracle that the cadi
esoterically questions. It does not matter in the least to the cadi
what a passage originally meant or why it was framed. He consults the
words--_even the letters_--and he does so not at all for their everyday
meanings, but for the _magic_ relations in which they must stand
towards the case before him. We know this relation of the “spirit” to
the “letter” from the Gnosis, from the early-Christian, Jewish, and
Persian apocalyptic and mystical literature, from the Neopythagorean
philosophy, from the Kabbalah; and there is not the slightest doubt
that the Latin codices were used in exactly the same way in the minor
judicial practice of the Aramæan world. The conviction that the letters
contain secret meanings, penetrated with the Spirit of God, finds
imaginative expression in the fact (mentioned above) that all religions
of the Arabian world formed scripts of their own, in which the holy
books had to be written and which maintained themselves with astounding
tenacity as badges of the respective “nations” even after changes of
language.[104]
Public-domain text, read in full here on John Shaqi.
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