The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
Another and kindred meaning of practical certitude in Vico is the
so-called letter of the law, _formula legum;_ which may stand in
opposition to reason and the moral consciousness, but none the less
has its own peculiar value: "_dura lex, sed certa: durum sed scriptum
est_--the law is harsh, but it is certain; it is harsh, but so it is
written." It is in a word the value of law simply as law, which though
devoid of any real ethical content yet has always the value that comes
from a command over the will. "The certitude of law" (writes Vico) "is
a darkening of the reason supported merely by authority, and makes the
law harsh in practical experience by laying down their certitude, which
in good Latin (_certuni_) means particularised, or in the scholastic
terminology individualised." To a certain extent Vico grasped the
individual character which lies at the root of every law. That one
must "judge according to law, not according to example" (_legibus non
exemplis iudicandum_) is a comparatively late principle: the first laws
were strictly _"exempta,"_ exemplary punishments. From real examples
were derived the ideal examples employed by logic and rhetoric: and
when the intelligible universal was understood, it was recognised that
law had a certain universal character.
The primitive society sketched by Vico is, in its juristic aspect,
the myth so to speak of pure law or practical force. Once upon a time
men lived possessed of immense bodily strength, and proportionately
feeble in understanding, who thought all strength greater than their
own divine, and this belief constituted their law. They thought of
the gods simply as beings stronger than themselves, whom they were
compelled to obey, though with a bad grace: like Polyphemus, who if he
had been strong enough would have fought Zeus himself, or Achilles,
who told Apollo that if only they were equally matched he would not
hesitate to try his strength against him. The wisdom of providence
decreed that these fierce men, not tamed as yet by the rule of reason,
should at least fear the divine nature of force and measure reason by
its standard. This is the foundation of the principle of the "external
justice of war." But the myth of the period of force cannot have the
strictness of a philosophical concept, and consequently these strong
men are considered by Vico from another point of view as ethically the
best: "strongest" and "best," _fortissimi_ and _optimi,_ are regarded
as synonymous terms: and their law, though not truth or rational law,
is not pure certitude, but truth "mixed with certitude," _ex certo
mixtum._ But the very mixture of certitude with, and its preponderance
over, truth, which is here asserted, postulates the concept of pure
certitude as presupposed by Vico.
Public-domain text, read in full here on John Shaqi.
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