Historical Jurisprudence: An Introduction to the Systematic Study of the Development of Law (Classic Reprint) - Hardcover

Inhaltsangabe

Excerpt from Historical Jurisprudence: An Introduction to the Systematic Study of the Development of Law

Jurisprudence Should be regarded as more than a mere knowledge of the law. It is a science, which endeavors to ascertain the fundamental principles of which the law is the expression. It rests'upon the laws as established facts but at the same time it is a power in bringing the laws into a coherent system and in rendering all parts thereof subservient to fixed principles of justice.

Although jurisprudence is based upon the laws as given facts, it is essentially a progressive science, inasmuch as the law which it endeavors to comprehend and systematize is progressive and aims with ever-closer approximation to approach the ideals of the race in which it Obta'ms. Juris prudence is So closely interwoven with the development and history of the world as to claim a place among the historical sciences. At the same time it is so closely con nected with - iin fact, springing from -a clearly felt ethical need, that it takes a place closely allied to that of ethical science. The connection which law has always held with morality is hardly less intimate than that which exists between its fundamental principles and those of ethics.

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