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Monday October 6, 2008 
by Christopher Chantrill

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Contents

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Chapter 13

Chapter 14

Chapter 15

Bibliography

Chapter 9:
Living Under Law

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In the face-to-face society, conflict was resolved by immemorial custom or by the village big man or the village elders.  But once the scale of human society transcended the limits of face-to-face society, as it did in many regions of the world in about 500 BC, and people began to experience themselves as egos, with identity separate from community, then something had to replace the unreflective tradition of the face-to-face society.  As Huston Smith tells the story, this new thing was created in the spiritual awakening of the Axial Age, when Confucianism, Buddhism, and Judaism all were founded with their specific and self-conscious articulation of the correct path for the individual ego in the Five Relationships, the Eightfold Way, and the Ten Commandments.  What all these new self-conscious traditions understood was that pure power, the ego power that had burst the bonds of face-to-face community, was a problem.  Human society, as it emerged from the face-to-face village community, could not be successfully carried forward solely by egotistical warlords who understood nothing but power.  The power of the unbridled ego that operates beyond the face-to-face society had to be limited by rules.

The Axial Age did not solve the problem of the unbridled ego for all time.  Its achievement was to record the problem of the unbridled ego as a great human drama, and to show that it was possible to transcend the heritage of unconscious tradition and also mitigate the brutal world of ego and power.  The doctrine of might-is-right could be transcended by a higher power that stood above all power relations and could judge the actions of the powerful.  This higher power was law, growing out of the twin cultural foundations of reason and literacy. 

Law is a city phenomenon.  It is in the city that the individual ego, the force that challenged the face-to-face society, is once more contained.  The law of the city responds to the breakdown in kinship as a basis of the good society and the rise of the individual ego.  It marks the decline of the perpetual family and the rise of the purposeful individual.  Law waits upon the birth of reason, the idea that the universe operates by rule in regular, predictable ways, and not at the will and prompting of familiar spirits.

Since the Axial Age, countryside and city have conducted a spirited dialog between power and law, between continuity and change, and between tradition and reason, demonstrating the profound difference between hierarchy and power in the country and law in the city.  In the country, the law of status and power always prevailed.  In face-to-face society the power of land and the influence of landowners were supreme.  In the city the power of land and money was everywhere diluted by the need to support the complex urban economy and its thousands of individual business transactions that extended far beyond the ability of any power elite to supervise.  And the relationship between power and law fluctuated as the city grew or declined.

The Roman Empire sustained an unprecedented expansion of cities and saw a remarkable expansion and differentiation of the law.  During the Republic the Romans developed the Twelve Tables, a codification that attempted to ensure that judges should be bound by a written code and not be free to make law on their own.  Over the centuries of the Roman Law, the basis of social relations progressively moved from membership in the family group to the individual in the city-state governed by the rule of law. 

But when the cities in Europe declined after the fall of Rome, a hierarchical, family-based social structure grew up in its place, the feudal system, that conceived social existence as hierarchical and group-based; the powerless owing allegiance to their liege lord and the powerful reciprocating with protection for his loyal follower.  The agricultural society seemed to demand a hierarchical status society based on power, just as the city had seemed to demand a rule-based society based on law.  In the feudal agricultural world, family is everything, because it mediates the access to land through the vital process of land inheritance, the sole means to survival and prosperity.  In the city, the family decays as other means of mutual support develop, and as the importance of inheritance declines, since the city lives by money and the exchange of goods and services, not by the fruitfulness of the land. 

The rise of the city over the last one thousand years has encouraged a move away from the power relations and the life-or-death struggle over land to the growth of law and contract.  The first to flourish, the cities of northern Italy—Venice, Florence, and Genoa—were all commercial hubs, with Venice and Genoa establishing naval empires in the Mediterranean and Florence becoming a major center of woolen manufacture and banking.  The most successful of these three cities was Venice.  It was also the city that developed the most secure and even-handed body of law to regulate its political and economic life.

The Republic of Venice that flourished from the end of the first millennium until its capitulation to the army of Napoleon in 1797 was an aristocracy.  Political power was vested in a few hundred noble families, and the framework of political institutions was designed to maintain those families in power.  But the Venetian nobles were merchants.  They lived by buying low and selling high.  Faced with the turbulence of trading in the Mediterranean, they built a polity based on rules and regulations that encouraged and supported the commerce that had raised their families to eminence.  Legislative and executive powers were vested in a web of committees and councils.  The chief executive, the Doge, was elected by a complicated series of committees for a life term.  His powers were limited by custom and by a promissione, an extensive oath of office that he pledged upon election.  The nobles all belonged to the Great Council, equivalent to a New England town meeting.  In between Doge and Great Council were numerous committees and councils, including a Senate, a Council of Forty, and a Council of Ten. 

At the core of Venetian prosperity was a fleet of ships that plied the Mediterranean, bringing cargoes from Constantinople, Palestine, and Alexandria through Crete, Negroponte, and Corfu, and up the Adriatic Sea to Venice.  These ships sailed mostly in convoys on regularly scheduled seasonal voyages.  Venetian merchants at each port purchased goods in anticipation of the next visit of the fleet.  A state scribe sailed with each ship to keep track of all cargo.  Merchants and investors collaborated in short term partnerships, called colleganze, and spread the risk of individual voyages among several individuals.  Because the Mediterranean was contested by several powers, the merchant fleet of galleys doubled also as a navy, and most ships were built by the Venetian state at its Arsenal along the waterfront from the Doge’s palace and the piazza San Marco.  The government and its councils were heavily involved in the regulation of commerce, from bidding for ships, prioritization of cargo, pay and working conditions of seamen and oarsmen, responsibilities of officers, and scheduling of voyages.  The government also regulated the bylaws of the numerous guilds and fraternal organizations that flourished in Venice, attempting to strike a balance between the encouraging of fraternal solidarity and the limiting of economic exploitation.


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Click for Chapter 10: Explaining the Culture War

 

Your comments are welcome. Please e-mail to Christopher Chantrill at mailto:chrischantrill@gmail.com, and take the RMC test here.

©2005 Christopher Chantrill

 TAGS


Faith & Purpose

“When we began first to preach these things, the people appeared as awakened from the sleep of ages—they seemed to see for the first time that they were responsible beings...”
Finke, Stark, The Churching of America, 1776-1990


Mutual Aid

In 1911... at least nine million of the 12 million covered by national insurance were already members of voluntary sick pay schemes. A similar proportion were also eligible for medical care.
Green, Reinventing Civil Society


Education

“We have met with families in which for weeks together, not an article of sustenance but potatoes had been used; yet for every child the hard-earned sum was provided to send them to school.”
E. G. West, Education and the State


Living Under Law

Law being too tenuous to rely upon in [Ulster and the Scottish borderlands], people developed patterns of settling differences by personal fighting and family feuds.
Thomas Sowell, Conquests and Cultures


German Philosophy

The primary thing to keep in mind about German and Russian thought since 1800 is that it takes for granted that the Cartesian, Lockean or Humean scientific and philosophical conception of man and nature... has been shown by indisputable evidence to be inadequate. 
F.S.C. Northrop, The Meeting of East and West


Knowledge

Inquiry does not start unless there is a problem... It is the problem and its characteristics revealed by analysis which guides one first to the relevant facts and then, once the relevant facts are known, to the relevant hypotheses.
F.S.C. Northrop, The Logic of the Sciences and the Humanities


Chappies

“But I saw a man yesterday who knows a fellow who had it from a chappie that said that Urquhart had been dipping himself a bit recklessly off the deep end.”  —Freddy Arbuthnot
Dorothy L. Sayers, Strong Poison


Democratic Capitalism

Three dynamic and converging systems functioning as one: a democratic polity, an economy based on markets and incentives, and a moral-cultural system which is plural and, in the largest sense, liberal.
Michael Novak, The Spirit of Democratic Capitalism


Action

The incentive that impels a man to act is always some uneasiness... But to make a man act [he must have] the expectation that purposeful behavior has the power to remove or at least to alleviate the felt uneasiness.
Ludwig von Mises, Human Action


Churches

[In the] higher Christian churches… they saunter through the liturgy like Mohawks along a string of scaffolding who have long since forgotten their danger. If God were to blast such a service to bits, the congregation would be, I believe, genuinely shocked. But in the low churches you expect it every minute.
Annie Dillard, Holy the Firm


 

©2007 Christopher Chantrill