The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
The detachment of law from force was slow, and traces of the latter
remained in every part of the former. In the heroic republic there
were at first no laws providing for the punishment of offences and
the restitution of private injuries; hence, failing judiciary laws,
arose the need of duels and reprisals, which perpetuated the customs
of the age of innocence or of the gods. Poetry and history describe
some of these duels, which were armed judgments: for instance, that of
Menelaus and Paris under the walls of Troy, and that of the Horatii and
Curiatii, between Rome and Alba. It was a plan of divine providence,
in order that between barbaric nations of scanty understanding and
incapable of listening to reason war should not always beget war: that
right and wrong might be to some degree determined by a belief in the
favour or disfavour of the gods as the cause of victory or defeat.
These ordeals by battle were accompanied and superseded by ordeals by
verbal formulae, used in their religious habit of mind with the most
minute and scrupulous exactitude and with care not to alter a single
letter (_religio verborum_). Horatius, who by killing his sister fell
under the law "_horrendi carminis,_" could never have been acquitted
by the decemvirs, however free from blame they thought him; and the
people acquitted him, says Livy, "more through admiration of his valour
than the justice of his cause" (_magis admiratione virtutis quant iure
causae_). In later days Roman law still retained this character of
verbal precision to such a degree that it forms the crux of several
of Plautus's comedies, in which panders are at the mercy of enamoured
young men who have led them to violate some legal formula.
The private law of this society corresponded closely with its economic
constitution. It was an entirely natural society, confined to the
necessaries of life, and did not use money; hence the law knew nothing
of contracts formed, according to the law of a later period, by mere
consent. All obligations were ratified by giving the hand; the first
buying and selling was barter; the rent of a house consisted in a
mortgage on the soil for building it, the rent of land in planting it;
companies and credit were unknown.
Public-domain text, read in full here on John Shaqi.
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