The philosophy of life, and philosophy of language, in a course of lecturesSchlegel, Friedrich von
Philosophy
The philosophy of life, and philosophy of language, in a course of lectures
Schlegel, Friedrich von
Language and languages -- Philosophy; Life; Philosophy
In the later epoch of the Christian renovation of the Roman Empire in
the German, the better elements of the old Roman jurisprudence were rich
in valuable and beneficial results. Still the Christian principle of the
state accords better with the old Teutonic laws than with the civil
code, inasmuch as by the old German usages a greater regard is paid, and
a higher influence allowed, to the rights of equity. No doubt but the
Roman jurisprudence has most acutely defined and developed this
beautiful notion; but it is chiefly as an exception from strict right
that it recognizes it at all. For such was the Roman law from its
commencement; and it was regarded and established as the proper province
of equity to moderate and to soften its original sternness and severity.
But, according to Christian law, equity and strict right ought to be in
every instance intimately associated and blended together, as is,
indeed, implied in the very idea of Christian sentiment and feeling.
Herein lies, consequently, the great and essential distinction between
Roman and Christian law. And this is the principle on which a thorough
and systematic development of Christian jurisprudence must proceed, and
in such a spirit alone can it be consistently carried out. A second
distinctive mark of Christian law and of its very conception consists in
this, that beyond all others, it is founded on historical rights. No
doubt in its simple and natural character the Germanic custom invariably
tends toward an historical legislation, both for the burgher and for the
private individual, and is so far perfectly reconcilable with the
Christian principle of right and justice. But in the full and extensive
signification of the term, as it embraces the state, and all such
powers of the civilized world as are brought by geographical contact
into political relations with each other, it is only the Christian
principle of right that can be truly said to be historical; for none but
the Christian view of the world really embraces in its plans and
consideration the whole of mankind.
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