The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
its influence over adoptions, now no longer restricted to the small
circle of relations; they uniformly countenanced formal adoption
(_arrogatio_) which was somewhat difficult owing to the difficulty
of a father's becoming a subordinate member of another family; they
considered emancipation as a benefit and gave to legitimization "by a
subsequent marriage" all the efficacy of solemn wedlock. The _imperium
paternum,_ as an arrogant title seeming to detract from the imperial
majesty, was altered into _patria potestas._ The humane tendencies of
the monarchs extended moreover to that part of the ancient "family"
which consisted of slaves: for the emperors restrained the cruelty of
masters towards these, and benefited them by increasing the force and
decreasing the solemnity of manumission; and citizen rights, which were
given originally only to distinguished foreigners who had deserved well
of the Roman people, were granted to every one born in Rome, even of a
slave father provided his mother were free or enfranchised. Punishments
were also made milder, and the monarchs distinguished themselves by
the gracious title of "clement." The letter of the law always tended
to be more freely interpreted in the light of natural equity, and it
may be said that Constantine absolutely cancelled the letter when he
laid down the principle that any particular motive of equity should
override the law. Thus was attained the precise opposite of the
_"privilegia ne irroganto"_ of the Twelve Tables ("that no exceptions
be made"): all privileges were exceptions to the law dictated by some
particular merit in the facts which lifted them out of the sphere of
legal generalisations. The restriction of rights to particular peoples
was by degrees abolished: under Caracalla the whole Roman world was
converted into a single Rome, since great monarchs desire the whole
world to become one city, according to the thought of Alexander the
Great, when he said that for him all the world was a single city of
which his phalanx was the citadel. The praetor's edict gives place,
under Hadrian, to the "perpetual edict" of Salvius Julianus, almost
exclusively composed of provincial edicts.
With monarchy, the natural law of races gives place to the natural law
of nations; and hence this political, social and juridical form is the
most suitable to human nature at its fullest rational development. Here
too, as we have already had occasion to remark, we reach again after
a long process the unity which existed in the person of the primitive
father under domestic monarchy; and the course of national history must
be considered as absolutely complete. To go further is impossible: the
only possibility, at this stage of the highest human civilisation and
refinement, is corruption, the return of barbarism as a "barbarism of
reflection" and a relapse into a kind of new state of nature, to return
once more into a new and heroic barbarism.
CHAPTER XVIII
THE RETURN OF BARBARISM: THE MIDDLE AGES
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