The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
The result of the first struggles, in which the point at issue was
according to Vico the bonitary possession of land (a right already
recognised in the constitution of Servius, but cancelled by the
nobles in return for arrears of rent), is seen in the tribunate, and
later, when the plebeians claimed the right of quiritary tenure, in
the laws of the Twelve Tables, ratifying this plebeian victory. But
the law of the Twelve Tables represented at the same time the victory
of written law, the end of the secrecy with which the laws had been
fenced round by the patricians, who alone knew, understood, interpreted
and therefore applied them as they thought fit. This publication and
codification of a written law cannot have been benevolently granted by
the patricians out of that anxiety "not to despise the wishes of the
plebs" of which Livy speaks; rather they must have resisted it with
all the stubbornness which Dionysius of Halicarnassus describes and
expresses in the phrase "_mores patrios servandos, leges ferri non
oportere_" (our fathers' customs must be preserved, and laws must not
be passed).
Later historians decorated the origin of the Twelve Tables with
various legends. They told, among other things, of the mission sent
by the decemvirs to Athens to bring back new laws: a tale given by
Livy and Dionysius, but unknown to Polybius and discredited by Cicero.
How, in the savage aloofness of primitive nations, between whom oral
communication could only have been instituted by the necessities of
warfare, alliances and commerce, could the fame of Solon's wisdom have
crossed the seas from distant Attica to Rome? How could the Romans of
that time have possessed such accurate knowledge of the quality of
Athenian law as to believe it capable of setting at rest the strife
between their plebeians and their nobles? How could ambassadors have
travelled between Greece and those Romans whom seventy-two years later
the Greeks of Tarentum could still maltreat as strangers? And what
shall we say of ambassadors who returned carrying with them the Greek
laws from Athens but without knowing what they meant; so that but
for the coincidence by which Hermodorus the pupil of Heraclitus, an
exile from his country, happened to be in Rome, the Romans would have
been unable to make any use of this unintelligible and inaccessible
treasure? Again, how could Hermodorus have translated the laws into
Latin of such purity that Diodorus Siculus pronounced it devoid of the
slightest taint of Hellenism, and with a perfection unattained by any
subsequent writer of any period in a translation from the Greek? How
did he contrive to clothe Greek ideas in Latin words so appropriate
(for instance, _auctoritas_) that Greeks, Dio Cassius among them,
declare that their own language has no corresponding words by which
to explain them? Heraclitus's letter to Hermodorus must have been
conveyed by the same mail that served Pythagoras in his distant
Public-domain text, read in full here on John Shaqi.
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