Whats morethe use of roman public law thepowerful

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monarchies. What’s more—the use of Roman Public law (the most powerful intellectual weapon available at the time) ignored traditional rights and subordinated private franchises that the Roman Civil law had so graciously empowered the mercantile classes, against the feudal aristocracy. But in one stroke, peasant insolence and mercantile- bourgeois’s capital privileges were done away with. For the re-organised feudal states in Europe, the primary determinant for the adoption of Roman jurisprudence lay in the drive of the royal governments for increased central powers. The freedoms of private property and capital that came with the Roman Civil law were an evil necessity; the Roman Public law, however, ensured this centralisation of coercion. The so-called superiority of modernisation that came with the application of the Roman law in Western Absolutist monarchies was an anathema; it displayed beneath the shining veneer of modernity, a very feudal anarchism. The adoption of these laws, as in all other spheres of Western Absolutism, merely served to re-empower traditional feudal powers. Western European Absolutism is often also credited with spawning apparatuses that were later to be seen as inherently capital oriented and pre-eminently characteristics that defined a modern Capitalist system: a standing army, an elaborate and permanent bureaucracy, a national taxation policy, trade (intra-national as well as international), a complex diplomatic system. But were these really inherently capitalist oriented? Did the arrival of these apparatus in the Absolutist context typify a departure from feudal systems? Were these systems only allowable in a scenario that was far removed from the dank-dusty vestiges of traditional feudal constructs? Was the presence of these new apparatuses a final signal that Absolutism had really shunned its feudal pasts for a pre-eminently capitalist future? Was this really heralding the ultimate triumph of Capital, in the garb of Absolutism, over feudal history, economy, society? Or was it entirely different; a chimerical delusion that we have seen till now? Were these incontrovertible instances of Capitalist influence on Absolutist monarchies really just “ a redeployed and recharged apparatus of feudal domination?” 7
Let us look at each of them briefly. It has been often stated that the Absolutist State pioneered the professional army. This has been used to supplement the argument that Absolutist states favoured a transition towards capitalism, in Western Europe. Indeed, the military revolutions of the 16-17 th centuries saw a military revolution of sorts, with Gustavus Adolphus’and Wallenstein’s innovations in war techniques; Philip II’s and Louis XIV’s massive armies numbering 60,000 and 300,000 respectively etc. But what is common to all armies of this era was the constant and central role that foreign mercenaries played. Albanian, Swiss, Irish nationals took part in the armies of Spain, France, England, Austria etc.

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