The State: Its History and Development Viewed SociologicallyOppenheimer, Franz
History
The State: Its History and Development Viewed Sociologically
Oppenheimer, Franz
State, The
One must be very careful, and this may again be insisted upon, not
to confuse despotism with absolutism. Even in the feudal states of
Western Europe, the rulers exercised, in many cases, power of life and
death, free from the trammels of law; but nevertheless such a ruler was
impotent as against his “magnates.” So long as he does not interfere
with the privileges of the classes, he need not restrain his cruelty,
and he may even occasionally sacrifice one of the great men; but woe to
him were he to dare to touch the economic privileges of his magnates.
It is possible to study this very characteristic phase, completely
free, from the standpoint of law, and yet closely hemmed in by
political checks, in the great East African empires: “The government
of Waganda and Wanyoro is, in theory, based on the rule of the king
over the whole territory; but in reality this is only the semblance of
government, since, as a matter of fact, the lands belong to the supreme
chieftains of the empire. It was they who represented the popular
opposition to foreign influences, in the time of Mtesa; and Muanga did
not dare, for fear of them, to carry out any innovations. Although the
kingship is limited in reality, yet in form it occupies an imposing
position in unessentials. The ruler is absolute master over the lives
and limbs of his subjects, the mass of the people, and feels himself
restrained only in the narrowest circle of the chief courtiers.”[106]
Precisely the same statement applies to the inhabitants of Oceania, to
mention the last of the great societies that created states: “At no
place does one find an entire absence of a representative mediation
between prince and people.... The aristocratic principle corrects
the patriarchal. Therefore, the extremes of _despotism_ depend more
on class and caste pressure than on the overpowering will of any
individual.”[107]
(c) THE POLITICAL AND SOCIAL DISINTEGRATION OF THE PRIMITIVE FEUDAL
STATE
Space forbids our detailing the innumerable shadings under which the
patriarchal-aristocratic (in some cases plutocratic) mixture of form
of government in the primitive feudal state is shown in either an
ethnographic, historical or juristic survey. This is likewise of the
greatest importance for the subsequent development.
It is indifferent how much power the ruler may have had at the
beginning, an inevitable fate breaks down his power in a short while;
and does this, one may say, the faster, the greater that power was, i.
e., the larger the territory of the primitive feudal state of higher
grade.
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