Villainage in England: Essays in English Mediaeval HistoryVinogradoff, Paul
History
Villainage in England: Essays in English Mediaeval History
Vinogradoff, Paul
Villeinage -- England -- History -- To 1500
Statements and arguments in Blackstone's style could hold water only
before that great crisis in history and historical literature by which
the nineteenth century was ushered into the world. The French
Revolution, and the reaction against it, laid open and put to the test
the working of all the chief forces engaged in historical life.
Government and social order, nationality and religion, economic
conditions and modes of thought, were thrown into the furnace to be
consumed or remoulded. Ideas and institutions which had towered over
centuries went down together, and their fall not only brought home the
transitory character of human arrangements, but also laid bare the
groundwork of society, which however held good in spite of the
convulsions on its surface. The generation that witnessed these storms
was taught to frame its politics and to understand history in a new
fashion[8]. The disorderly scepticism of the eighteenth century was
transformed by Niebuhr into a scientific method that paved the way by
criticism to positive results. On the other hand, the Utopian doctrines
of political rationalism were shattered by Savigny's teaching on the
fundamental importance of tradition and the unconscious organic growth
of nations. In his polemic with Thibaut, the founder of the historical
school of law enters a mighty protest against wanton reform on the
ground of a continuity of institutions not less real than the continuity
of language, and his 'History of Roman Law during the Middle Ages'
demonstrated that even such a convulsion as the Barbarian Invasion was
not sufficient to sweep away the foundations of law and social order
slowly formed in the past. Eichhorn's 'History of German Public and
Private Law' gave detailed expression to an idea which occurs also in
some of Savigny's minor works--to the idea, namely, that the German
nations have had to run through their history with an engrained tendency
in their character towards political dismemberment and social
inequality. This rather crude attempt at generalising out some
particular modern features and sanctioning them by the past is of
historical interest, because it corresponds to the general problem
propounded to history by the Romantic school: viz. to discover in the
various manifestations of the life of a nation its permanent character
and the leading ideas it is called to embody in history.
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