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 Bologna witnessed, besides Irnerius’s achievement in abstraction,
an event of quite other and decisive import--the famous Decretum
of Gratian, written about 1140.[119] This created the Western
_science of spiritual law_. For by bringing the old-Catholic,
Magian, church-law,[120] founded in the Early-Arabian sacrament of
baptism,[121] into a system, it provided the very form that the
new-Catholic, Faustian Christianity needed for the jural expression of
its own being, which reached back to the prime sacrament of an altar
and a consecrated priesthood. With the _Liber extra_ of 1234 the main
body of the _Corpus Juris Canonici_ is complete. What the Empire had
failed to accomplish--the creation, out of the immense undeveloped
profusion of tribal laws, of a general Western “_Corpus Juris
Germanici_”--the Papacy achieved. There came into existence a complete
private law, with sanctions and processes, produced with German method
out of the ecclesiastical and secular law-material of the Gothic. This
is the law called “Roman” which presently, after Bartolus, was infused
into all study of the texts of Justinian themselves. And it shows us,
in the domain of jurisprudence as elsewhere, that great dissidence,
inherent in the Faustian, which produced the gigantic conflict between
the Papacy and the Empire. The destruction between _fas_ and _jus_,
impossible in the Arabian world, was inevitable in the Western. They
are two expressions of a will-to-power over the infinite, but the will
behind “temporal” legislation is rooted in custom and lays hands on
the generations of the future, while that of “spiritual” originates in
mystical certainty and pronounces a timeless and eternal law.[122] This
battle between equally matched opponents has never yet been ended, and
it is visible even to-day in our law of marriage, with its opposition
of the ecclesiastical and the civil wedding.
With the dawn of the Baroque, life, having by that time assumed urban
and money-economic forms, begins to demand a law like that of the
Classical city-states after Solon. The purpose of the prevailing law
was now perfectly clear. But it was a fateful legacy from the Gothic
that the creation of “the law inborn in us” was looked upon as the
privilege of a learned class, and this privilege no one succeeded in
shaking.
Public-domain text, read in full here on John Shaqi.
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