The Law of Civilization and Decay: An Essay on HistoryAdams, Brooks
Philosophy
The Law of Civilization and Decay: An Essay on History
Adams, Brooks
Civilization -- History; Degeneration; History -- Philosophy
Thus, from the time when the economic type had multiplied sufficiently
to hire a police, the strength of the State came to depend on
its revenue, and financiers grew to be the controlling element of
civilization. Before the crusades, the high offices of the kingdom
of France, such as the office of the seneschal, were not only held by
nobles, but tended to become hereditary in certain warlike families.
After the rise of the Eastern trade the royal council was captured by
the bourgeoisie. Jacques Cœur is a striking specimen of the class which
ruled in the fifteenth century. Of this class the lawyers were the
spokesmen, and men like Flotte and Nogaret, the chancellors of Philip
the Fair, expressed the notion of centralization as perfectly as the
jurists of ancient Rome. No one has understood the movement better
than Luchaire. He has pointed out, in his work on French institutions,
that from the beginning of the reign of Saint Louis (1226) the Privy
Council steadily gained in consequence.[159] The permanent civil
service, of which it was the core, served as a school for judges,
clerks, seneschals, and all judicial and executive officers. At first
the administration retained a strong clerical tinge, probably because
a generation elapsed before laymen could be equally well trained for
the work, but after the accession of Philip the Fair, toward the end
of the century, the laymen decisively predominated, and when they
predominated, the plunder of the Church began.
Abstract justice is, of course, impossible. Law is merely the
expression of the will of the strongest for the time being,
and therefore laws have no fixity, but shift from generation to
generation. When the imagination is vivid and police weak, emotional or
ecclesiastical law prevails. As competition sharpens, and the movement
of society accelerates, religious ritual is supplanted by civil codes
for the enforcement of contracts and the protection of the creditor
class.
The more society consolidates the more legislation is controlled by the
wealthy, and at length the representatives of the monied class acquire
that absolute power once wielded by the Roman proconsul, and now
exercised by the modern magistrate.
“The two great figures of Saint Louis and of Philip the Fair
which dominate the third period are profoundly unlike, but
considering the facts as a whole ... [they] have but moderately
influenced the direction of the communal development. With
the bailiffs and Parliament the monarchical machine is in
possession of its essential works; it operates and will stop
no more. In vain the king shall essay to arrest its march, or
to direct it in another course: the innumerable army of agents
of the crown does not cease for a moment to destroy rival
jurisdictions, to suppress embarrassing powers, to replace
everywhere private jurisdictions by the single authority of the
sovereign.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account