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
The true problem for the legal science of Christian Europe to solve
would have been this--to adopt the forms of the old Roman
jurisprudence, so highly wrought and finished in its way, and to
reform its spirit by the doctrines and principles of Christian
justice; and at the same time to employ the many excellent materials
to be found in the native laws of European nations, and in all the old
Germanic codes. These laws were indeed of a very local nature, adapted
mostly to infant communities and the simple manners of warlike tribes,
and by no means appropriate to a more advanced stage of civilization;
yet they contained the solid substance of genuine freedom and exalted
equity. But this task ought to have been accomplished in that earlier
period when Christianity, which had united and harmonized so many
discordant elements, had still retained all its influence--an
influence which was afterwards wanting. Those ages, however, which
were so thoroughly Christian, and on that very account of such
political importance, were deficient in science; and hence, as I have
already observed, it was not so much deliberate selfishness, or
hostile opposition, but the real want of knowledge and foresight which
occasioned the civil and political institutions of Christian states to
be left imperfect. It is only in very recent times that an attempt has
been made to solve the problem which earlier ages had left unexecuted,
or to supply this old deficiency of a Christian system of
jurisprudence. And if hitherto this task has never been adequately, or
completely, accomplished, though all the conditions have long existed
for the solution of this necessary problem of European society; it
would not be right to defer again the execution of the work, and thus
lose once more the seasonable moment.
How, after the struggle of parties had become more general, and an
absolute mode of thinking the ruling character of the age, the violent
contests between church and state, between the Secular and
Ecclesiastical authorities tended to promote their mutual injury and
destruction, I shall now endeavour briefly to state. After the last
excommunication pronounced against Frederick II., one anti-emperor had
followed another in succession; and German princes, a prince of the
royal household of England, and a king of Castile, had filled
successively the imperial throne; none were generally and legally
recognized, and it was the reign of universal anarchy and savage
club-law. It was a dark interregnum in social order, as if the sun of
justice and of peace had withdrawn its light from a world of
corruption and irreconcilable hate; and for a whole generation this
state of wild disorder, and fear of still greater calamities, lasted.
The loss of Jerusalem and all the Holy Land to the Christians, which
now took place, added to the general gloom of the times.
Public-domain text, read in full here on John Shaqi.
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