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
And thus it is that the law-material that our Civilization needs fits
only in externals, or even not at all, with the Classical scheme of the
law-books, and for the purposes of our proper jurisprudence and our
educated thought generally is still formless and therefore unavailable.
Are persons and things, in the sense of present-day legislation,
law-_concepts_ at all? No! They merely serve to draw the ordinary
distinction, the zoölogical distinction, so to say, between man and the
rest. But of old the whole metaphysic of Classical being adhered to
the notion of “_persona_.” The distinction between man and deity, the
essence of the Polis, of the hero, of the slave, the Cosmos of stuff
and form, the life-ideal of Ataraxia, were the self-evident premisses,
and these premisses have for us completely perished. In our thought
the word “property” is tied up with the Classical _static_ definition,
and consequently, in every application to the dynamism of our way
of living it falsifies. We leave such definitions to the world-shy
abstract professors of ethics, jurists, and philosophers and to the
unintelligent debate of political doctrinaires--and this although the
_whole_ understanding of the economic history of this day _rests upon
the metaphysic of this one notion_.
It must be emphasized then--and with all rigour--that Classical law
was a law of _bodies_, while ours is a law of _functions_. The Romans
created a juristic statics; our task is juristic dynamics. For us
persons are not bodies, but units of force and will; and things are not
bodies, but aims, means, and creations of these units. The Classical
relation between bodies was positional, but the relation between
forces is called action. For a Roman the slave was a thing which
produced new things. A writer like Cicero could never have conceived of
“intellectual property,” let alone property in a practical notion or in
the potentialities of talent; for us, on the contrary, the organizer
or inventor or promoter is _a generative force which works upon other,
executive, forces_, by giving direction, aim, and means to their
action.[129] Both belong to economic life, not as possessors of things,
but as carriers of energies.
The future will be called upon to transpose our entire legal thought
into alignment with our higher physics and mathematics. Our whole
social, economic, and technical life is waiting to be understood, at
long last, in this wise. We shall need a century and more of keenest
and deepest thought to arrive at the goal. And the prerequisite is a
wholly new kind of preparatory training in the jurist. It demands:
1. An immediate, extended, and practical experience in the economic
life of the present.
2. An exact knowledge of the legal history of the West, with
constant comparison of German, English, and “Roman” development.
Public-domain text, read in full here on John Shaqi.
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