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
In Germany, the movement that set in so powerfully with the Gothic
tribal laws (_Sachsenspiegel_, 1230; _Schwabenspiegel_, 1274) frittered
itself away to nullity. A host of petty civic and territorial rights
went on springing up until indignation with the facts induced an
unreal political romanticism in dreamers and enthusiasts, the Emperor
Maximilian among them, and law came under attack with the rest. The
Diet of Worms in 1495 framed its “_Kammergerichtsordnung_”[115] after
an Italian model. Now there was not only the “Holy Roman Empire” on
German ground, but “Roman law” as German common-law. The old German
procedures were exchanged for Italian. The judges had to study their
law beyond the Alps, and obtained their experience not from the ambient
life, but from a logic-chopping philology. In this country alone are to
be found, later, the ideologues for whom the _Corpus Juris_ is an ark
to be defended against the profanation of realities.
What, in fact, was it that under the high-sounding name passed into
the intellectual keeping of a handful of Gothic men? About 1100, at
the University of Bologna, a German, Irnerius, had made that unique
manuscript of the Pandects the object of a veritable Scholasticism.
He transferred the Lombard method to the new text, “the truth of
which, as a _ratio scripta_, was believed in as implicitly as the
Bible and Aristotle.”[116] Truth!--but the Gothic understanding,
tied to the Gothic life-content, was incapable even of distantly
guessing at the spirit of these texts, for the principles fixed in
them were the principles of a civilized and megalopolitan life.
This school of the glossators, like Scholasticism in general, stood
under the spell of concept-realism; as they held the genuine real,
the substance of the world, to be not in things, but in universal
concepts, so they maintained that the law was to be found not in custom
and usage as displayed in the despised[117] _Lombarda_, but in the
manipulation of abstract notions. Their interest in the book was purely
dialectical[118]--never was it in their minds to apply their work to
life. It was only after 1300, and then slowly, that their anti-Lombard
glosses and summæ made their way into the cities of the Renaissance.
The jurists of the Late Gothic, above all Bartolus, had fused canon
and Germanic law into one whole with a definitely practical intention,
and into it they brought ideas of actuality--here, as in Dracon’s code
and the Imperial Edicts from Theodosius to Justinian, the actuality
of a Culture that is on the threshold of its “Late” stage. It was
_the creation of Bartolus that became effective_ in Spain and Germany
as “Roman law”; only in France did the jurists of the Baroque, after
Cujacius and Donellus, get back from the Scholastic to the Byzantine
text.
Public-domain text, read in full here on John Shaqi.
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