the permanent introduction of the contrast between city and country as the basis of the entire division of social labor; on the other side by the introduction of the testament by which the property holder is enabled to dispose of his property beyond the hour of his death. This institution is a direct blow at the gentile constitution, and was unknown in Athens until the time of Solon. In Rome it was introduced very early, but we do not know when.[1] In Germany it was originated by the priests in order that the honest German might bequeath his property to the church without any interference.
With this fundamental constitution, civilization had accomplished things for which the old gentile society was no match whatever. But these exploits were accomplished by playing on the most sordid passions and instincts of man, and by developing them at the expense of all his other gifts. Barefaced covetousness was the moving spirit of civilization from its first dawn to the present day; wealth, and again wealth, and for the third time wealth; wealth, not of society, but of the puny individual, was its only and final aim. If nevertheless the advanced development of science, and at repeated times the highest flower of art, fell into its lap, this was only due to the fact
- ↑ Author's note. Lassalle's "System of Acquired Rights" argues in its second part mainly the proposition that the Roman testament is as old as Rome itself, and that there has never been in Roman history "a time without a testament." According to him, the testament had its origin in pre-Roman times in the cult of the departed. Lassalle, as a convinced Hegelian of the old school, derives the provisions of the Roman law, not from the social condition of the Romans, but from the "speculative conception" of will, and thus arrives at this totally anti-historic conclusion. This is not to be wondered at in a book that draws from the same speculative conception the conclusion that the transfer of property was purely a side issue in Roman inheritance. Lassalle not only believed in the illusions of Roman jurists, especially of the earlier ones, but he outstripped their fancy.
