The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
voyages up and down the world: it is, in fact, an imposture of the
first quality, and the whole story of the Athenian origin of these laws
is due to the arrogance of scholars, who derived them first from the
other Latin peoples (such as the Aequi), then from the Greek cities
of Italy, then from Sparta and finally from Athens, with whose name,
thanks to the renown of the Athenian philosophers, they were at last
satisfied. No doubt, the laws of the Twelve Tables present resemblances
not only to Athenian or Spartan laws but to those of various nations,
the Mosaic code among others; but this is due to the uniformity of
national history. No doubt, the decemvirs were in antiquity supposed
to have originated laws bearing clear traces of Greek influence, such
as that prohibiting the Greek style of mourning at funerals: but this
is because as we have seen the decemviral legislation, like the names
of the various kings, became a "poetic character," and to it were
referred all laws later recorded in the public archives which tended
to the equalisation of liberty. But the original law of the Twelve
Tables, with its primitive rudeness, inhumanity, cruelty and ferocity,
which agrees so ill with the period of highly-developed civilisation at
Athens, is a document of the greatest value for the ancient natural law
of the Latin peoples, and the customs which had existed among them from
the age of Saturn.
Quiritary tenure of land and a written code of law once gained, the
struggle recommenced over the question of the right of marriage. The
true meaning of this contest has been lost among the absurdities
written on the subject by the ancient historians themselves, in the
belief that its basis was the desire on the part of the plebeians (who
were little more than wretched and common slaves) to be allowed to form
connexions with the nobles. This error has made Roman history even less
credible than the legendary history of Greece; for if we do not know
the meaning of the latter, the former is in opposition to the true
order of human desires. It shows us a plebs aspiring first to nobility,
secondly to offices and magistracies, and finally to wealth: whereas
men desire first of all wealth, then offices in the state, and lastly
nobility. What the Roman plebs really claimed was not _"connubio, cum
patribus"_ but _"connubio, patrum"_: not the right of connexion by
marriage with the nobles--a claim which they would not have wished
to make, and was at bottom unimportant--but the right of contracting
solemn marriages as the nobles did. For without such solemn marriages,
without privilege of the auspices, the plebeians were in fact unable
to enjoy the quiritary tenure of land and to transmit it to their
families, deprived as they were of descent, kindred and relatives. The
demand for _connubio_ was, in a word, simply equivalent to a demand for
the rights of citizens, and it was satisfied by the Canuleian law.
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