is absolutely necessary because jurisprudence is
interested not so much in the abstraction by itself, but rather in the
abstract as presented in concrete cases. Hence a type of mind which
found it equally easy to make the concrete into the abstract and then to
turn the abstract so made into a kind of concrete again, is _par
excellence_ the legal mind, and no better proof of the instinctive
tendency to law-making on the part of the Romans can be found than in
the fact that the same habits of mind which make laws also governed the
development of their religion.
Unfortunately however it was not these abstract deities who could save
old Roman religion. They were merely the logical outcome of the deities
already existing, merely new offspring of the old breed. They did not
represent any new interests, but were merely the individualisation of
certain phases of the old deities, phases which had always been present
and were now at most merely emphasised by being worshipped separately.
THE REORGANISATION OF SERVIUS
Like a lofty peak rising above the mists which cover the tops of the
lower-lying mountains, the figure of Servius Tullius towers above the
semi-legendary Tarquins on either side of him. We feel that we have to
do with a veritable character in history, and we find ourselves
wondering what sort of a man he was personally--a feeling that never
occurs to us with Romulus and the older kings, and comes to us only
faintly with the elder Tarquin, while the younger Tarquin has all the
marks of a wooden man, who was put up only to be thrown down, whose
whole _raison d'etre_ is to explain the transition from the kingdom to
the republic on the theory of a revolution. Eliminate the revolution,
suppose the change to have been a gradual and a constitutional one, and
you may discard the proud Tarquin without losing anything but a
lay-figure with its more or less gaudy trappings of later myths. But it
is not so with Servius; his wall and his constitution are very real and
defy all attempts to turn their maker into a legend. Yet on the other
hand we must be on our guard, for much of the definiteness which seems
to attach to him is rather the definiteness of a certain stage in Rome's
development, a certain well-bounded chronological and sociological
tract. It is dangerous to try to limit too strictly Servius's personal
part in this development; and far safer, though perhaps less
fascinating, to use his name as a general te
|