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
The most important by far, owing to the political destinies in which it
was involved, was the Norman law, which was borrowed from the Frankish.
After the Conquest of England in 1066, this drove out the native Saxon,
and since that day in England “the law of the great men has become the
law of the whole people.” Its purely German spirit has developed it,
without a catastrophe, from a feudal régime of unparalleled stringency
into the institutions of the present day which have become law in
Canada, India, Australia, South Africa, and the United States. Even
apart from the extent of its power, it is the most instructive in
West Europe. Its development, unlike that of the rest, did _not_ lie
in the hands of theoretical jurists. The study of Roman law at Oxford
was not allowed to touch practice; and at Merton in 1236 the higher
nobility expressly rejected it. The Bench itself continued to develop
the old law-material by means of creative precedents, and it was these
practical decisions (“Reports”) that formed the basis of law-books such
as that of Bracton.[113] Since then, and to this day, a statute law,
kept living and progressive by the court decisions, and a common law,
which always vividly underlies the legislation, exist side by side,
without its ever becoming necessary for the representatives of the
people to make single large efforts at codification.
In the South, the law of the German-Roman codices above mentioned
prevailed--in southern France the Visigothic (called the _droit écrit_
in contrast to the Frankish _droit coutumier_ of the north), and in
Italy the Lombard (which was the most important of them, was almost
purely Germanic, and held its own till well into the Renaissance).
Pavia became a study-centre for German law and produced about 1070 the
“_Expositio_,” by far the greatest achievement of juridical science in
the age, and immediately after it a code, the “_Lombarda_.”[114] The
legal evolution of the entire South was broken off by Napoleon’s _Code
Civil_, which took its place. But this in turn has become in all Latin
lands and far beyond them the basis for further creative work--and
hence, after the English, it is the most important.
Public-domain text, read in full here on John Shaqi.
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