Lectures on the Philosophy of Law: Designed Mainly as an Introduction to the Study of International Law (Classic Reprint) - Hardcover

Inhaltsangabe

Excerpt from Lectures on the Philosophy of Law: Designed Mainly as an Introduction to the Study of International Law

As practical arts invariably precede science, law first appears as Positive Law This does not necessarily involve the existence of a legislative body or a king, or even a judicial tribunal, for we find rudimentary traces of law before these exist in any form. But when law has become separated from other social phenomena, and where, as in active communities, there is much intercourse between individuals, its growth is rapid and its bulk often overwhelming. This was one of the causes of codification in the time of Justinian, and this is also the cause of the agitation for codification in our own day. The objects of a code in such circumstances are practical. They are, first, the instruction of the student of law, and, secondly, the necessities of the practising lawyer or judge. Setting aside compilations in the form of dictionaries, we have various codes, digests, and treatises, arranged on some definite principle. Thus, treatises on the law of property.

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