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
As it was a Culture of books and readers, Classical texts were
“received” in any and every field as Roman law was “received” in
Germany, and their further development assumed the form of a slow and
unwilling self-emancipation. “Reception” of Aristotle, of Euclid, of
the _Corpus Juris_, means in this Culture (in the Magian East it was
different) discovering a ready-made vessel for our own thought a great
deal too soon, with the result of making a historically built kind of
man into a slave of concepts. The alien life-feeling, of course, did
not and could not enter into his thought, but it was a hindrance to his
own life-feeling’s development of an unconstrained speech of its own.
Now, legal thought is forced to attach itself to something
tangible--there must be something before it can abstract its
concepts; it must have something from which to abstract. And it was
the misfortune of Western jurisprudence that, instead of quarrying
in strong, firm custom of social and economic life, it abstracted
prematurely and in a hurry from Latin writings. The Western jurist
became a philologist, and practical experience of life was replaced by
scholarly experience in the purely logical separation and disposition
of legal concepts on self-contained foundations.
Owing to this, we have been completely cut off from touch with the
fact that _private law is meant to represent the social and economic
existence of its period_. Neither the Code Napoléon nor the Prussian
Landrecht, neither Grotius nor Mommsen, was definitely conscious
of this fact. Neither in the training of the legal profession nor
in its literature do we detect the slightest inkling of this--the
genuine--“source” of valid law.
And consequently we possess a private law that rests on the shadowy
foundations of _the Late Classical economy_. The intense embitterment
which, in these beginnings of our Civilization’s economy, opposes the
name of Capitalism to the name of Socialism comes very largely from the
fact that scholarly jurisprudence, and under its influence educated
thought generally, have tied up such all-important notions as person,
thing, and property to the conditions and the dispositions of Classical
life. The book puts itself between the facts and the perception
of them. The learned--meaning thereby the book-learned--weigh up
everything to this day in scales that are essentially Classical. The
man who is merely active and not trained to judgment feels himself
misunderstood. He sees the contradiction between the life of the times
and the law’s outlook upon it, and calls for the heads of those who--to
gain their private ends, as he thinks--have promoted this opposition.
Public-domain text, read in full here on John Shaqi.
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