The State: Its History and Development Viewed SociologicallyOppenheimer, Franz
History
The State: Its History and Development Viewed Sociologically
Oppenheimer, Franz
State, The
The plebs are the natural opponents of the central government--since
that is their conqueror and tax imposer; while they naturally oppose
the common freemen, who despise them and oppress them politically,
besides crowding them back economically. The great magnate also is the
natural opponent of the central government--an impediment in his path
toward complete independence, and he is at the same time also a natural
enemy of the common freemen, who in turn not only support the central
government; but also block with their possessions his path toward
territorial dominion, while with their claims to equality of political
rights they annoy his princely pride. Since the political and social
interests of the territorial princes and of the plebs coincide, they
must become allies; the prince can attain complete independence only
if, in his fight for power against the crown and the common freemen,
he controls reliable warriors and acquiescent taxpayers; the plebs
can only then be freed from their pariah-like declassification, both
economically and socially, if the hated and proud common freemen are
brought down to their level.
This is the second time that we have noted the identity of interest
between the princes and their subjects. The first time we found a
weakly developed solidarity in our second stage of state formation.
This causes the semi-sovereign prince to treat his dependent tenants
as kindly as he ill-treats the free peasants of his territory; in
consequence, they will fight the more willingly for him and contribute
taxes, while the more readily will the oppressed freemen succumb to
the pressure, especially as their share of political power in the
state, coincident with the decline of the central power, has become
only a meaningless phrase. In some cases, as in Germany toward the
end of the tenth century, this was done with full consciousness of
its effects[126]--some prince exercises a particularly “mild” rule,
in order to draw the subjects of a neighboring potentate into his
lands, and thus to increase his own strength in war and taxation,
and to weaken his opponent’s. The plebs come to possess, both legally
and actually, constantly increasing rights, enlarged privileges of
the law of ownership, perhaps self-government in common affairs,
and their own administration of justice; thus they rise in the same
degree as the common freemen sink, until the two classes meet and they
are amalgamated into one body on approximately the same jural and
economic plane. Half serfs, half subjects of a state, they represent
a characteristic formation of the feudal state, which does not as
yet recognize any clear distinction between public and private law;
in its turn an immediate consequence of its own historical genesis,
_the dominion in the form of a state for the sake of economic private
rights_.
(d) THE ETHNIC AMALGAMATION
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