The Evolution of StatesRobertson, J. M. (John Mackinnon)
History
The Evolution of States
Robertson, J. M. (John Mackinnon)
Europe -- Politics and government; Great Britain -- Politics and government; Political science -- History
If the foregoing criticism be valid, it must be further turned
against the expressions of Bishop Stubbs concerning the effect of
the Teutonic conquest in setting up the Romance literatures. "The
breath of life of the new literatures," he writes (_Const. Hist._
4th ed. i, 7), "was Germanic.... The poetry of the new nations is
that of the leading race ... even in Italy it owes all its
sweetness and light to the _freedom_ which has breathed from beyond
the Alps." Here the thesis shifts unavowedly from "race" to
"freedom," and all the while no data whatever are offered for
generalisations which decide in a line some of the root problems of
sociology. A laborious scholar can thus write as if in matters of
total historic generalisation there were needed neither proof nor
argument, while the most patient research is needed to settle a
single detail of particular history.
On the whole, it may be psychologically accurate to say that the
invaders, by setting up a new caste of freemen where before all
classes were alike subordinate to the imperial tyranny, created a
variation in the direction of a new self-government, the spectacle
of privilege stimulating the unprivileged to desire it. But any
conquest whatever might do this; and it is a plain paralogism to
conclude that where the subjugated people does _not_ react the
fault is its own, while where it does the credit is to go to the
conquerors. It does not seem to have occurred to anyone to reason
that the Norman Conquest of England was as such the bringer of the
liberty later achieved there. Yet, as regards the Teutonic
invasions of Italy, the principle passes current on all sides; and
Guizot endorses it in one lecture (_Hist. de la civ. en France_, i,
7ième leçon, _end_), though in the next he gives an objective
account which practically discredits it.
As regards the ideals of justice and freedom in general, the
Teutonic laws, being framed not for a normal barbarian state but
for a society of conquerors and conquered, were in some respects
rather more iniquitous than the Roman. In particular the
Ostrogothic laws of Theodoric and his son punish the crimes of the
rich by fines, and put to death the poor for the same offences;
while the degradation of the slave is in all the early Teutonic
codes constantly insisted on. (Cp. Milman, _Hist. Lat. Chr._ 4th
ed. ii, 36, and refs. Roman law also, however, differed in practice
for rich and poor. Cp. Cassiodorus, l. ii, pp. 24, 25; iii, 20, 36;
iv, 39; v, 14, and Finlay, ed. cited. i, 236.) Whether or not
Gregory the Great, as has been asserted (Milman, as cited, p. 52),
was the first to free slaves on the principle of human equality, he
did not get the idea from the Teutons.
Public-domain text, read in full here on John Shaqi.
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