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
Urban rationalism turned, as in the case of the Sophists and the
Stoics, to busy itself with the “law of nature,” from its foundation
by Oldendorp and Bodinus to its destruction by Hegel. In England the
great Coke successfully defended Germanic self-developing practical law
against the last attempts of the Tudors to introduce Pandect law. But
on the Continent the systems of the learned evolved in _Roman_ forms
right down to the state codes of Germany and the schemes of the _Ancien
Régime_ in France on which the Code Napoléon was based. And therefore
Blackstone’s _Commentaries on the Laws of England_ (1765) is the one
purely Germanic Code, and it appeared when the Faustian Culture had
already reached the threshold of its Civilization.
VIII
With this I reach the objective and look around me. I see three
law-histories, connected merely by the elements of verbal and
syntactical form, taken over by one from another, voluntarily or
perforce, but never revealing to the new user the nature of the alien
being which underlay them. Two of these histories are complete. The
third is that in which we ourselves are standing--standing, too, at a
decisive point where we embark in our turn upon the big constructive
task that Rome and Islam, each for itself and in its season, have
accomplished before us.
What has “Roman” law been for us hitherto? What has it spoilt? What can
it be for us in the future?
All through our legal history runs, as basic motive, the conflict
between book and life. The Western book is not an oracle or magician’s
text with Magian under-sense, but _a piece of preserved history_. It
is compressed Past that wants to become Future, through us who read it
and in whom its content lives anew. Faustian man does not aim, like
Classical man, at bringing his life to a self-contained perfection,
but at carrying on a life that emerged long before him and will draw
to its end long after him. For Gothic man--so far as he reflected
about himself at all--the question was not whether he should look for
linkages of his being and history, but in what direction to look for
them. He required a past in order to find meaning and depth in the
present. On the spiritual side the past which presented itself to him
was ancient Israel; on the mundane it was ancient Rome, whose relics
he saw all about him. What was revered was revered not because it was
great, but because it was old and distant. If these men had known
Egypt, they would hardly have noticed Rome, and the language of our
Culture would have developed differently.
Public-domain text, read in full here on John Shaqi.
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