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ITHE COMPLETE T O R I E S

Edited by Nahum N . Glatzer

SCHO CKEN BOOKS N E W YORK

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T h e Problem o f Our Laws

O U R A W S are not generally kno w n; they are kept secret by th esmall gro up of nobles w h o rule us. W e are convinced that theseancient laws are scrupulously administered; nevertheless it is anextremely painful thing to be ruled by laws that one does notknow. I am not thinking of possible discrepancies that may arisein the interpretation of the laws, or of the disadvantages in-volved when only a few and not the whole people are allowedto have a say in their interpretation. These disadvantages areperhaps of no great importance. For the laws are very ancient;their inte rpre tation has been the w or k of centuries, and has itselfdoubtless acquired the status of law; and though there is still apossible freedom of interpretation left, it has now become very

restricted. Moreover the nobles have obviously no cause to beinfluenced in their in terp reta tion b y personal interests inimical tous, for the laws were made to the advantage of the nobles fromthe very beginning, they themselves stand above the laws, andthat seems to be why the laws were entrusted exclusively intotheir hands. Of cou rse, ther e is wisdom in that-who doub ts thewisdom of the ancient laws?-but also hardship fo r us; pro bab ly

that is unavoidable.T h e ve ry existence of these laws, how ever, is at most a matter

of presumption. T h e re is a tradition that t he y exist and that th eyare a mystery confided to the nobility, but it is not and cannotbe m ore than a mere trad ition sanctioned b y age, for the essenceof a secret code is that it should remain a mystery. Some of usamong the people have attentively scrutinized the doings of thenobility since the earliest times and possess records made by ourforefathers-records w hich w e have conscientiously continued-and claim to recognize amid th e countless num ber of factscertain main tendencies which permit of this or that historicalformulation; but when in accordance with these scrupulouslytested and logically ordered conclusions we seek to adjust

ourselves somew hat fo r th e present or the fu tur e, every thing be-comes uncertain, and our work seems only an intellectual game,

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fo r perhaps these laws that w e a re tryin g t o unravel do n ot existat all. T h e re is a small party w ho are actually of this opinion andw ho tr y t o show tha t, if an y law exists, it can on ly be this: T h eLa w is wh atever the nobles do. Th is pa rty see everywhere onlythe arbitrary acts of the nobility, and reject the popular tradi-tion, w hich accord ing to them possesses only certain trifling andincidental advantages that do not offset its heavy drawbacks, forit gives the people a false, deceptive, and overconfident security

in confronting coming events. This cannot be gainsaid, but theoverwhelming m ajority of o ur people accoun t fo r it by the factthat the tradition is far from complete and must be more fullyinqu ired in to, that the material available, prodigious as it looks, isstill too meager, and that several centuries will have to pass be-fore it becomes really adequate. This view, so comfortless as far

as the present is concerned , is lightened only b y th e belief that atime will eventually come when the tradition and our researchinto it will jointly reach their conclusion, and as it were gain abreathing space, when everything will have become clear, thelaw will belong to the people, and the nobility will vanish. Thisis no t maintained in a ny spirit of hatred against the nobility; notat all, and by no one. W e are more inclined to hate ourselves, be-cause we have not yet shown ourselves worthy of being en-trusted with the laws. And that is the real reason why the partywho believe that there is no law have remained so few-al-though their d octrine is in certain ways so attractive, fo r it une-quivocally recognizes the nobility and its righ t to go o n existing.

Actually one can express the problem on ly in a sor t of para-

dox: A n y par ty that w ould repudiate not on ly all belief in thelaws, but the nobility as well, would have the whole peoplebe-hind it; yet no such party can come into existence, for nobodywould dare to repudiate the nobility. W e live on this razor'sedge. A w riter once summed the m atter up in this way : T h e solevisible and indubitable law that is imposed upon us is the nobil-

ity , and m ust w e ourselves deprive ourselves of tha t on e law?Translated by Willa and Edwin Muir