The Unity of Western Civilization

Chapter 5

Chapter 5183 wordsPublic domain

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.