Legal History of Europe: Roots of Western Culture
Item 1: Legal History of Europe and Western Roots
Misconceptions About Europe and the Law
We can speak of a European dimension in experiences only within medieval, modern, and postmodern contexts. It begins with humanism, specifically with Enea Silvio, when the term assumes an overall significance of spiritual and cultural values. This started a streak of ideas that later reached its peak in the république littéraire drafted by Voltaire.
The concept opens with Machiavelli, who designed a land of political freedoms in Europe opposed to an Asia dominated by despotism. This evolved into a peculiar development in the eighteenth century through the diagnosis of figures such as Frederick the Great of Prussia and the acute perceptions of Montesquieu.
The political and cultural dimensions do not always follow the same path. The law reveals the nature of reality that looms beneath the surface of everyday life, stemming from the deep roots of a civilization, and highlights the autonomy of law from the contingent decisions of political power.
Misconceptions About Europe and the Law: The Nature of Right
The concept of "right" is often mistakenly linked solely to supreme political power. It is frequently presented as an order from above—an authoritative, authoritarian voice of the sovereign. However, the right can also be expressed through:
- A set of general legislation.
- The needs of society and daily life.
- Customs and values of a civilization.
The Radical Reality of Law
The identification of law solely with state statutes is a misconception. The right is a mentality that expresses the values of a civilization. In private law, we find the true physiognomy of the right, manifested in institutions that allow for peaceful coexistence. The "legal experience" stresses an elementary truth: the law is written on the skin of men. It is an aspect of everyday life, found in the facts of existence rather than merely in international treaties or scientific works.
Three Distinct Legal Experiences
Our historical analysis reveals three distinct legal civilizations, each offering different views and achievements of law:
- The Middle Ages
- The Early Modern period
- The Postmodern era
These three instances represent periods of strong historical discontinuity.