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
For the _Corpus Juris_ with its topsy-turviness and its technical
faults is, in spite of everything, an Arabic--in other words, a
_religious_--creation, as evidenced in the Christian tendency
of many interpolations;[108] in the fact that the constitutions
relative to ecclesiastical law, which had been put at the end even
in the Theodosian codex, were now placed at the beginning; and very
markedly in the preambles of many of the Novels. Yet the book is not
a beginning, but an end. Latin, which had long become valueless, now
disappears completely from legal life (even the Novels are mostly in
Greek), and with it the work so misguidedly written in that language.
But the history of the law pursues the way that the Syrian-Roman
law-book had indicated to it, and in the eighth century arrives
at works in the mode of our eighteenth, such as the Ecloga of the
Emperor Leo[109] and the Corpus of the great Persian jurist Archbishop
Jesubocht.[110] In that time, too, came the greatest figure of Islamic
jurisprudence, Abu Hanifah.
VII
The law-history of the West begins in total independence of Justinian’s
creation. At that time it was in complete oblivion, so thoroughly
unimportant, in fact, that of its main element, the Pandects (Digest),
there was but one manuscript, which by accident (an unfortunate one)
was discovered about 1050.
The pre-Cultural phase, from about A.D. 500, had thrown up a series
of Germanic tribal codes--the Visigothic, Ostrogothic, Burgundian,
Frankish, and Lombard--which correspond to those of the Arabian
pre-Culture that survives for us only in the Jewish[111] Deuteronomy
(_c._ 621, more or less our Deuteronomy xii-xxvi) and Priestly History
(_c._ 450, now represented by the second, third, and fourth books
of the Pentateuch). Both are concerned with the values of basic
significance for a primitive existence--family and chattels--and both
make use, crudely, yet shrewdly, of an old and civilized law--the
Jews (and no doubt the Persians and others) working upon the late
Babylonian,[112] and the Germans upon some few relics of Urbs Roma.
The political life of the Gothic springtime, with its peasant, feudal,
and simple burgher laws, leads very soon to particular development
in three great branches of law which have remained distinct to this
day--and there has been no unifying comparative history of law in the
West to probe the deep meaning of this development.
Public-domain text, read in full here on John Shaqi.
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