Chapter XCI: Section CCXXXIII: Luxury-Policy

Sumptuary laws (_die Luxusgesetzgebung_) have been aimed, at all times, principally at the outlay for clothing, for the table and for funerals.[233-1] In most nations the policy of luxury has its beginning in the transition from the first to the second period of luxury above described.[233-2] The extravagant feasts, which remain of the first period, seem vulgar to the new public opinion which is created. On the other hand, the conveniences of life, the universality, the refinement and variety of enjoyments characteristic of the second period are not acceptable to the austerity of old men, and are put down as effeminacy. In this period the bourgeoisie generally begin to rise in importance, and the feudal aristocracy to decay. The higher classes see the lower approximate to them in display, with jealous eyes. And, hence, dress is wont to be graded in strict accordance with the differences of class.[233-3] But these laws must be regarded as emanating from the tendency, which prevails in these times, of the state to act as the guardian of its wards, its subjects. The authority of the state waxes strong in such periods; and with the first consciousness of its power, it seeks to draw many things into its sphere, which it afterwards surrenders.

[Footnote 233-1: Which of these three kinds of luxury
specially preponderated has always depended on the
peculiarities of national character. Thus, among the ancient
Romans, it was the second; among the French, the first. In
Germany the prohibitions relating to "toasts," or drinking
one another's health have played a great part. Thus the
well-known Cologne reformation of 1837. Compare _Seb.
Münster_, Cosmogr., 326.]

[Footnote 233-2: In Greece, _Lycurgus'_ legislation seems to
have contained the first prohibition relating to luxury. No
one should own a house or household article which had been
made with a finer implement than an ax or a saw; and no
Spartan cook should use any other spice than salt and
vinegar. (_Plut._, De Sanitate, 12; _Lycurg._, 13. On
Periander, see _Ephorus_, ed. _Marx_, fr. 106. _Heracb._,
Pont. ed.; _Köhler_, fr. 5; _Diog. Laert._, I, 96 ff.) The
luxury-prohibitions of Solon were aimed especially at the
female passion for dress and the pomp of funerals. Those who
had the surveillance of the sex watched also over the luxury
of banquets. _Athen._, VI, 245; _Demosth._ in _Macart._,
1070. In Rome, there were laws regulating the pomp of and
display at funerals, dating from the time of the Kings; but
especially are such laws to be found in the twelve tables.
Lex Oppia de Cultu Mulierum in the year 215 before Christ. A
very interesting debate concerning the abolition of this law
in _Livy_, XXXIV, 1 ff. About 189, prohibition of several
foreign articles of luxury. _Plin._, H. N., XIII, 5, XIV,
16. Measures of Cato the censor. (_Livy_, XXXIX, 44.) First
law relating to the table, L. Orchia, in the year 187;
afterwards L. Fannia, 161, L. Didia, 143 before Christ.
(_Macrob._, Sat. V, 13; _Gellius_, N. A., II, 24. _Plin._,
H. N., X, 7.) After a long pause, sumptuary laws relating to
food, funerals and games of chance, constitute an important
part of Sulla's legislation.]

[Footnote 233-3: _Latus clavus_ of the Roman senators;
_annulus_ of the knights. In the latter middle age, the
knights were wont to be allowed to wear gold, and esquires
only silver; the former, damask; the latter, satin or
taffeta; but when the esquires also used damask, velvet was
reserved for the knights alone. _St. Palaye_, Das
Ritterwesen, by _Klüber_, IV, 107; II, 153 seq. But towards
the end of the middle ages many sumptuary laws were enacted
in cities by plebeian jealousy of the rich. The Venetian
sumptuary laws were passed on account of the anxiety of the
state that some rich men might shine above the rest of the
oligarchs.]