Chapter 28 4. A totem that is not a totem
The relationship between Roman law and totem lies in "identity".
Indeed, the original intention of the establishment of the totem system was originally to "change the matrilineal line into the patrilineal line and the clan into a tribe".But when it does appear, it has an unexpected function, which is to define the identity of the nation.Members of the Eagle Totem tribe all say that they are "descendants of the Eagle"; members of the Dragon Totem tribe all say that they are "descendants of the Dragon".An eagle is an eagle, and a dragon is a dragon, this is the "difference"; you are an eagle, and I am an eagle, this is "identification".This is no different from later saying "I am British and you are French", or "They are all Chinese, patriotic in no particular order".It is not surprising to say that "Pharaoh is the son of Horus".
A tribe can become a country, thanks to totems.
However, the totem becomes a god, which is easy to understand; it becomes a law, which is hard to figure out.Totem is mysterious and concrete, while law is rational and abstract.How can a totem become a law, and how can it become a law?
The secret is in people.
Marx made it very clear: Man comes into the world without a mirror.How did he know he was human?Only through others.For example, Paul was a man.Peter found himself like Paul, so Peter knew he was human.But this method is unreliable.Peter relied on Paul for proof, but who did Paul rely on for proof?By Peter?That would be "mutual proof".So Paul can only rely on George, George can only rely on Mary, Mary can only rely on Peter, and Peter can only rely on Paul.This again becomes a "circular argument".Moreover, as long as one of them is "not human", the entire chain of evidence will be broken, and as a result, everyone is not human.
How can human proof be realized?
Can only rely on "Superman".
Yes, Superman.He must be human, otherwise it cannot prove that human beings are human; and he must surpass ordinary people, otherwise he cannot prove everyone.Totem fits exactly that criteria.It is the "ancestor of the clan" and therefore "man".It is an animal, a vegetable, or a natural phenomenon (such as lightning and thunder), and therefore "not a person".What's more, it is sacred and mysterious, so it is "superhuman".
Unfortunately, totems are severely limited.It only recognizes its own clan and does not recognize other clans; it only recognizes ethnic groups, not nationals.This is the problem facing Rome, whose citizens are multiethnic and multicultural.This is too difficult!Use the totem of your own ethnic group, and other ethnic groups will not recognize it; keep the totem of each ethnic group, and the world will fall apart; don't use the totem at all, and you will not be able to identify with your identity.
Thankfully the Romans thought of the law.
Why can the law replace the totem?Because Roman law includes public law and private law, and private law includes personal law, property law and procedural law.The meaning of human law is to define "what is a human being" from a legal perspective.According to Roman law, there are three conditions for a "person in the legal sense": the first is "personality", the second is "enjoying rights", and the third is "undertaking obligations".Among them, the first one is the most important.Because without "personality", it is impossible to "enjoy rights", and it is impossible to talk about "assuming obligations".
The expression of personality in law is "right", that is, "identity right".There are three kinds of identity rights: the right to liberty, the right to citizenship, and the right to family.The right to liberty is a basic human right, the right to citizenship is the prerogative of Roman citizens, and the right to the family is actually the right of the father.A person is not a "man" if he does not have family rights; he is not a "Roman" without civil rights;
This enables "identity identification".For a free man is a Roman as long as he is granted citizenship.Again, this facilitates "state governance".
It's just that all this is achieved by "defining the legal status", so it is "ruling the country by law".Moreover, which country, ethnicity, or class this person originally belonged to has become irrelevant.As long as you convert to Buddhism, you are a "Buddhist"; if you accept baptism, you are a "Christian".
Religion is a country without borders.
Law is a totem not a totem.
Not only created the law (Roman law), but also created a religion (Christianity), how could Rome not be awesome?
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