Like its predecessor in this series, Adam Smith and Modern Sociology, the present book is a mere fragment. It deals with a single factor of the social process in the German States. It finds this factor already effective in 1555. It does not attempt to trace each link in the chain of continuity from that date. It reviews the most important seventeenth-century writers in the line of sequence, but the emphasis of the book falls in the eighteenth century. I have carefully excluded the problem of relations between this literary factor and other social elements, and I have purposely refrained from estimating its ratio of importance among the formative forces of the period. Conclusions of that order must come from a larger synthesis, for which the present study supplies merely a detail.
To justify my belief that the labor which this book cost was well spent, it would be necessary to prove first, that Americans have much to gain from better understanding of the Germans; and second, that just appreciation of the present social system of the Germans is impossible for Americans unless they are willing to trace it historically. These propositions must be left, however, without the support of argument, merely as the author's profession of faith.
To readers of English only, cameralism is virtually a lost chapter in the history of the social sciences. Although everything now belonging to German polity has a part of its heredity in that type of social theory, not every reputable student of the social sciences in America could correctly define the term, and few could name more than one or two writers to whom it is properly applied.
In a word, the cameralists were a series of German writers, from the middle of the sixteenth to the end of the eighteenth century, who approached civic problems from a common viewpoint, who proposed the same central question, and who developed a coherent civic theory, corresponding with the German system of administration at the same time in course of evolution. To the cameralists the central problem of science was the problem of the state. To them the object of all social theory was to Albion Small, The Cameralists, 35 to cite only a few details in which he has thrown light upon Osse.
In the first place, Thomasius says, in the Preface to the document, that he was first shown the imperfect manuscript, (apparently in 1707) in the Fürstliche Bibliothck at Wolffen-büttel. He adds that up to that time it was unknown to him, and he had not even seen the portions that had been printed. Later he bought the full manuscript at an auction. Thomasius appears to have recognized in Osse a man after his own heart. Replying to the supposed challenge, Why publish the book of a man about whom so many suspicions existed? he says (Vorrede, p. 16):
The author is the first of those counselors known to us who gave their opinion as to the way in which the judicial system is to be improved. The first usually breaks the ice, and cannot accomplish all, but he leaves the rest to his successors.
The document as we have it occupies, with the editor's notes, 548 pages. In the same binding, and filling 264 pages, is Thomasius' collection of materials on the history of the University of Leipzig. The title of the collection is Ein kleiner Versitch von Annalibus. The editing of Osse's work was in Thomasius'mind a propagandist measure, and as he regarded improvement of the educational system as the key to the whole problem, it was appropriate to issue the seemingly unlike documents together. It appears that Thomasius wanted to publish a treatise on political reform, with reference both to the Roman and the Canon law. The difficulties proved too great, and he chose to make Osse's document the vehicle of some of his ideas. His notes on the text number 271. The Testament itself contains only 118 sections. Although the notes are in much smaller type than the text, a rough estimate shows that they fill, in the aggregate, about one-half the whole space. If we should fully analyze both text and notes, we should find in them two separate monuments, of two stadia of development in political philosophy, previous to that marked by the most complete form of cameralism. For that reason we shall not undertake here a detailed account either of Osse or of Thoma-sius. Their determining purpose was not identical with that of cameralism proper. On the whole, they had their center in other groups, with which this book does not attempt to deal. We may simply note in these two writers certain germs which must be examined in more developed form in later theorists.
One who knew nothing of the history of the German language, or of its geographical variations, who assumed that its growth was in a straight line, and who drew conclusions from literary form alone, would promptly place Osse's Testament much later than Obrecht's Secreta Politica; perhaps even later than Becher. Of course Albion Small, The Cameralists, 36 the use of Latin by the side of German in the Obrecht collection strengthens the impression of age. Osse's syntax, as well as his vocabulary, approaches closer than that of either of these writers to modern usage. According to Thomasius' statement (Vorrede, p. 33), this is not to be attributed to the editor. He says that he changed little or nothing in the style, with the single exception of substituting the word oder in frequent cases for Osse's word aber. Osse's own statement of his reason for writing in German is as follows:
The motives which have moved me to set down my opinions in the German language, are not for the sake of His Electoral Grace, who, God be praised, was in his youth thoroughly instructed in the Latin tongue and good arts, but rather the consideration that this memorial might come to the knowledge of laymen, untaught in the Latin language, and the desire that they might not be hindered in reading it by the intermixture of many Latin words. 35 Osse begins the Testament with a paragraph which we translate as closely as possible:
It is among all wise people beyond dispute, that every magistracy (Obrigkeit) may prove and make evident its virtue and aptitude in two ways. First, in time of war, through manly deeds, good sagacious projects, and protection of their lands and subjects, second, in time of peace, through ordering and maintaining of good godly righteous government, judiciary, and Policey. 36 For with these two every magistracy should necessarily be adorned and supplied, in order that in every time of war and peace they (sic) may be able well to govern, protect, control and defend their own.
Osse then enlarges briefly upon the duties which belong to the ruler in time of war; but he dismisses this side of the case as beyond his competence. As to the other class of duties, he continues (p. 33):
As to what concerns the government in times of peace, I will write, as much as God vouchsafes me grace, for He is the ground on which all must be built which is good, and wherever such ground is lacking there follows no permanent building.
The author promises to set down truly all that he has observed in the service of five electors of Saxony, the fifth then living. He frequently repeats that he is doing this not of his own motion, but at the command of the elector. We may safely assume that Albion Small, The Cameralists, 37 the passage immediately following represents Osse's fundamental opinions as well as they could be pictured. He says (p. 33): Such a command I am not at liberty to disregard, and for this reason I lay down first of all the following ground. All that I hereafter write will be built upon it. It must also be observed with special diligence.
Government over men is such a high, precious and wonderful thing, that no human being, no matter how excellent in understanding, reason and wit, is to be intrusted with exercising it according to his own will, caprice and opinion, for such government is a higher thing than that the exercise of it could belong to one over others who by nature are of one origin with him, which same may be known from all races of animals, since a flock of sheep does not allow itself to be ruled by a sheep, nor a drove of horses or cattle by one of their own kind, but rather for such government something else is necessary, which is higher and better than the other beasts. Now man, who in many ways surpasses the other animals, for the like reason, since man must be governed, he must be governed by something higher and more excellent than man himself, if the government is to be stable. Since now nothing more excellent can be found in this world than man .... who is yet fallible, and has much in common with the beasts, .... and even in case a man were found who could be moved from the right by no irregular affections, he would be subject to mortality, and no one would know what would happen with his successors, therefore almighty God, out of special grace to human kind, has ordained the means of the common written law [der ordentlichen beschriebenen Recht und Gesetze] whereby to keep the temper of magistrates and judges in the right way, in order that the same may govern others and render justice without any hindrance of inordinate inclinations and affections, and when one considers the usefulness of such a divinely given means, one finds that this ordination of rights and laws is one of the highest benefits and gifts with which God has blessed men here in this life, for such laws and rights were in the beginning ordained by wise honorable people after necessary consideration, not from friendship, love or hate, but in general without all inordinate affections and inclinations. .... When now such common right and law is ordained, even if those who act contrary to it are punished in accordance with it, .... no one has occasion for complaint, but everyone is satisfied, since we know that justice has been done to one Albion Small, The Cameralists, 38 as well as to another, and that so impatience and uproar of the subjects is avoided. 37 A little later (p. 37) the conclusion is drawn still more distinctly:
Hence follows that it is a human duty to hold the common rights and laws in honor, to esteem them high, and to subject oneself to them with patience, as the means whereby common peace, repose and welfare are maintained. And that also the established magistracy is under obligation to protect such right and law, to enforce it and to govern according to it, not oppressing anyone by acting contrary to it. For there can be no doubt that as the powers that be are ordained of God (Ad. Rom. 13) likewise also human rights and laws by the powers that be, so that they flow from the providence and special destiny of almighty God. .... Accordingly everyone should remember that if he disobeys the magistrate and escapes punishment, yet he is not assured of escaping the punishment of almighty God. 38
更多信息……