The Problem in the Ancient World. Law universal and supreme over mankind
(Sophocles, Antigone). Law arbitrary and varying from place to place
(Herodotus). Nature and convention. The 'rightlessness' of the stranger
in antiquity. The law was a 'law of citizens'. Admission of the
foreigner to legal protection. Rome develops a law of the men of all
nations (_ius gentium_), which reacts upon the law of citizens (_ius
civile_), and ultimately coalesces with it. The law of nature.
The break-up of the Ancient World; the Middle Ages. The invaders bring
their own law with them. In the kingdoms which they founded each man had
his 'personal law'. Local Law. Feudal Law. The beginnings of National
Law: England, France, Germany. Roman Law in the Middle Ages. The Canon
Law.
The Modern World. The reception of Roman Law. State Sovereignty. The
Modern Codes. Unity and diversity of law within the political unit. The
world divided into territories of the English Common Law and lands where
Roman Law conceptions prevail. Forces making for unity: the notion of a
'law of nature'; the pursuit of common ends. International law, private
and public.
CHAPTER VI. THE COMMON ELEMENTS IN EUROPEAN LITERATURE AND ART
The question of the place of nationality in art and literature. It has
little or no place in the Middle Ages. The mediaeval epic; its
character. The mediaeval romance. Modern European art and literature
transcends national conditions. The characteristics of the new European
literature of the fourteenth century: Dante, Boccaccio, Chaucer. The
drama of England and Spain in the sixteenth and seventeenth centuries.
Painting and sculpture from the fourteenth to the seventeenth century.
The classical mind, and the principle of good taste and common sense.
The realism of Defoe and Hogarth, and the Spanish Picaresque novel.
Sentimentalism in the eighteenth century. The poetry and painting of
nature. The great revolution and the romantic movement. Great literature
and art are not national but human.
CHAPTER VII. SCIENCE AND PHILOSOPHY
Western civilization possesses a certain unity (1) in the sense of unity
of character, (2) in the fact that it has a common origin, ultimately in
the Greco-Roman civilization but more immediately in mediaeval
Christendom, and (3) in the sense that its parts have maintained a
constant intercommunication of ideas. (4) The different qualities of
German, French, and English thinkers have in large measure complemented
one another, (5) and the history of science and of speculative
philosophy is largely a history of the interaction of distinct national
schools. (6) The same thing is true of political thought. (7) Thus the
world of thought forms a commonwealth which is superior to all national
differences and, in spite of the war, remains a foundation of a very
genuine unity.
CHAPTER VIII. UNITY IN EDUCATION
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