[German Culture Past and Present by Ernest Belfort Bax]@TWC D-Link book
German Culture Past and Present

PREFACE
19/57

In the latter, particularly, we have clearly before us the attempt of the new middle class of town and country, the independent citizen, and the now independent yeoman, to assert supremacy over the old feudal estates or orders.

The new conditions had swept away the special revolutionary tradition of the mediaeval period, whose golden age lay in the past with its communal-holding and free men with equal rights on the basis of the village organization--rights which with every century the peasant felt more and more slipping away from him.

The place of this tradition was now taken by an ideal of individual freedom, apart from any social bond, and on a basis merely political, the way for which had been prepared by that very conception of individual proprietorship on the part of the landlord, against which the older revolutionary sentiment had protested.

A most powerful instrument in accommodating men's minds to this change of view, in other words, to the establishment of the new individualistic principle, was the Roman or Civil law, which, at the period dealt with in the present book, had become the basis whereon disputed points were settled in the Imperial Courts.

In this respect also, though to a lesser extent, may be mentioned the Canon or Ecclesiastical law--consisting of papal decretals on various points which were founded partially on the Roman or Civil law--a juridical system which also fully and indeed almost exclusively recognized the individual holding of property as the basis of civil society (albeit not without a recognition of social duties on the part of the owner).
Learning was now beginning to differentiate itself from the ecclesiastical profession, and to become a definite vocation in its various branches.


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