The Philosophy of History, Vol. 2 of 2Schlegel, Friedrich von
Philosophy
The Philosophy of History, Vol. 2 of 2
Schlegel, Friedrich von
History; History -- Philosophy
This scholastic spirit of the now degenerate middle age exerted its
pernicious influence on life itself, and on the sciences more
immediately connected with life, particularly jurisprudence. For when
the first Ghibelline Frederick, on the plains of Roncaglia, gave his
solemn sanction to the Roman law, and to all those absolute rights and
prerogatives of the crown which were thence to be deduced, he thereby
opened a door to an intricate scholastic jurisprudence, to all the
learned subtlety of processes, and the interminable logic of law; and
conferred on mankind a boon as little propitious as the Arabic
Aristotle, which his descendant, the second Frederick, afterwards
brought into Europe. The vast pandects of Justinian were already the
recognized code of laws, under the Eastern Franconian Emperors, long
before the German Jurist Irnerius opened his school of civil law in
the University of Bologna. Those old Roman Formulas of universal
dominion which are occasionally to be found in the Corpus Juris,
suited perfectly the spirit and policy of the Ghibelline Emperors,
who, in particular cases, alleged them against the Greek Emperors and
other Potentates, as clear proofs of the universal monarchy which
appertained to them. But it was particularly from the Ghibelline
period that the Roman law became a favourite science, and its study a
new mania among the European nations, especially on account of the
leaning to absolute principles in that system of jurisprudence, whose
artificial forms of rigid law were indeed little congenial to the
spirit of Christianity, to modern society, and German manners.
Public-domain text, read in full here on John Shaqi.
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