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
But even in law the basis of determining the truth by a majority
of texts is the fact of the consensus of the spiritual elect, the
_ijma_.[105] This theory Islamic science worked out to its logical
conclusions. We seek to find the truth, each for himself, by personal
pondering, but the Arabian savant feels for and ascertains the general
conviction of his associates, which cannot err because the mind of God
and the mind of the community are the same. If _consensus_ is found,
truth is established. “_Ijma_” is the key of all Early Christian,
Jewish, and Persian Councils, but it is the key, too, of the famous
Law of Citations of Valentinian III (426), which the law-men have
universally ridiculed without in the least understanding its spiritual
foundations. The law limits the number of great jurists whose texts
were allowed to be cited to five, and thus set up a canon--in the same
sense as the Old and New Testaments, both of which also were summations
of texts which might be cited as canonical. If opinions differed, the
law of Valentinian laid it down that a majority should prevail, or if
the texts were equally divided, the authority of Papinian.[106] The
interpolation method, used on a large scale by Tribonian for the Digest
of Justinian, is a product of this same outlook. A canonical text is
in its very idea true and incapable of improvement. But the actual
needs of the spirit alter, and so there grew up a technique of secret
modifications which outwardly kept up the fiction of inalterability and
which is employed very freely indeed in all religious writings of the
Arabian world, the Bible included.
Public-domain text, read in full here on John Shaqi.
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