-
A GENERAL SURVEY OF LEGAL HISTORY
- Liberty Fund
- Chapter
- Additional Information
A. GENERAL SURVEY OF LEGAL HISTORY SUMMARY The R01l1(ln Empirl TIM Rise ofChristianity PAGE 3 4 Legal history is a story which cannot be begun at the beginning. However remote the date at which we start, it will always be necessary to admit that much of the still remoter past that lies behind it will have to be considered as directly bearing upon the later history. Moreover, the further back we push our investigations, the scantier become our sources, and the more controversial and doubtful their interpretation. The comparatively short period of recorded history based upon documents soon leads us back to the immensely long ages of which we know nothing save through the methods of the archaeologist. Into this enormous field of pre-history we shall not venture, although from time to time it will be necessary to refer to it when the problems of history raise immediate questions of pre-history. Indeed, even the relatively brief span ofwritten history is too complex and too diverse for treatment here. The age which saw the first beginnings of English history, witnessed also the decline ofRoman law which had run a course ofa thousand years, making priceless contributions to civilisation. But behind the Roman system were others still more ancient-Greek, Semitic, Assyrian, Egyptian-all with long histories of absorbing interest.l These remoter systems are all being studied with great skill by many modern experts, and the list of them is still growing. Recent researches, for example, have brought to light much material on the law ofthe Hittites, who were little more than a name to us a generation ago. THE ROMAN EMPIRE For the purposes of this concise history we can begin with the advent of Christianity. Itself the culmination of several centuries of religious and ethical thinking in Judaea, it entered a world which was dominated by legal and political ideas which were in turn the result of centuries of political and juristic experience. Rome had reached the peak of its greatness. An Empire which spread over the entire civilised world. and which owed so much to the ideas of law and of government, seemed to be almost a revelation ofthe divine mission ofthe State. Government was the sacred destiny of the Roman people. To others might be left the vocations of art, of literature, of science; the Roman's part was to rule the nations, to impose the Roman peace and respect for law upon the 1 See the remarkable P_ama ofthe Wt)f'/d', Llgal Sysldm!, by Dean Wigmore, where brief descriptions of most of them are given. 3 4 THE CROWN AND THE STATE barbarian, sparing the submissive with statesmanlike tolerance, and crushing resistance with ruthless force. This immense Empire had been acquired through the energy of Roman armies, and preserved by the diligence ofRoman administrators, but the time came when both services betrayed their master. Generals indulged in the game of making and deposing emperors; provincial governors exploited their subjects, a hierarchy of functionaries grew up such as China possessed, and as part of the system of taxation imposed upon the people, a similar system of caste from which escape was almost impossible. In the meantime, a steady infiltration of barbarian blood changed the character, the culture, and :finally the language of the ruling classes.1 By slow and almost imperceptible degrees the ties that bound together the Roman Empire dissolved, and the mysterious and complicated fall of Rome became complete. .. The two greatest problems in history, how to account for the rise of Rome, and how to account for her fall, never have been, perhaps never will be, thoroughly solved."ยท THE RISE OF CHRISTIANITY While imperial Rome was slowly declining, Christianity was entering on a period of remarkable growth. At first it was hardly noticed among the numerous new cults which were fashionable importations from the Near East, some of which were extremely popular. After being ignored, it was later persecuted, then under the great Constantine it was at last tolerated (324). So far, the established .. Hellenistic" religion had been considered as an official department, and its priests as civil servants. Attempts had been made to incorporate with it the religions of Isis, Mithras, Christ, and others, on a similar footing, combining all the known gods in one vast polytheism, whose cult was to be maintained and controlled by the State. It was soon evident, however , that Christianity would not accept this inferior position. Although some things were Caesar's, others were...