Publisher's Synopsis
Excerpt from International Congress of Arts and Science, Vol. 14: Jurisprudence and Social Science Comprising Lectures on International Law, Private Law, Legislation, Constitutional Law, the Rural Community, the Urban Community, the Family, the Industrial Group, and Industrial Evolution
Like all concepts, the idea conveyed by the word jurisprudence has passed through stages of change and development. To define clearly the present, and may I say the highest, conception, it is necessary to review briefly these changes and thus arrive at a defini tion of the subject to be discussed.
In its earlier, if not its original use, this word jurisprudence sig nified simply a knowledge of the laws of state. Among the Romans it meant the knowledge of the laws recognized, administered, and enforced under the Roman rule. This idea required the student pursuing the subject to learn the rules of human conduct, of rights, of obligations, and of remedies laid down by the juris - consults and enforced by the courts Within the Roman dominion. The study of jurisprudence meant the study of the positive, municipal law en forced or enforcible within a given territory. In short, it was the study of law, using a phrase now in common use and familiar to every member of the profession. This original use of the word marks the 'beginning of What is termed the systematic study of the laws of a nation the classification and codification of law.
With the growth of the philosophical spirit and the scientific method in the domain of learning, this original and practical con ception of jurisprudence gradually changed. Scholars and writers arose who wanted to know the reasons for these rules of human conduct and the sources of the positive law enforced by the state. The spirit Of investigation led to metaphysical discussions as to what the law ought 'to be, and not a little speculation as to the original source of authority. The philosophical Spirit was strong and prevalent; the scientific method was of slower growth. Speen lative theology was dominant among the educated classes in the early development of systematic law; its theories, dogmatic rules, and creeds were sacred and therefore above human authority, and by some thought to be above ordinary criticism. All human au thority must, it was urged, conform to the letter of the conception and statement in creeds of divine power and divine will. The growth of the state and the increasing complexity Of human affairs requiring new rules Of conduct, together with a widening spirit of inquiry after truth, led to the discussion and the development of what was termed the law of nature. This phrase was at least less sacred, and opened the field of politics and law to freer discussion, and the human mind began its search after right as disclosed, in some degree at least, by human experience.
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