There is no doubt that there is an increasing, and for us jurists, a not
unimportant demand for the study of psychology in its bearing on our
profession. But it must be served. The spirited Abbé de Baëts, said at a
meeting of criminalists in Brussels, that the _present tendency of the
science of criminal law demands the observation of the facts of the
daily life_. In this observation consists the alpha and omega of our
work; we can perform it only with the flux of sensory appearances, and
the law which determines this flux, and according to which the
appearances come, is the law of causation. But we are nowhere so
neglectful of causation as in the deeds of mankind. A knowledge of that
region only psychology can give us. Hence, to become conversant with
psychological principles, is the obvious duty of that conscientiousness
which must hold first place among the forces that conserve the state. It
is a fact that there has been in this matter much delinquency and much
neglect. If, then, we were compelled to endure some bitterness on
account of it, let it be remembered that it was always directed upon the
fact that we insisted on studying our statutes and their commentaries,
fearfully excluding every other discipline that might have assisted us,
and have imported vitality into our profession. It was Gneist[34] who
complained: “The contemporary low stage of legal education is to be
explained like much else by that historical continuity which plays the
foremost rôle in the administration of justice.” Menger[35] does not
mention “historical continuity” so plainly, but he points sternly enough
to the legal sciences as the most backward of all disciplines that were
in contact with contemporary tendencies. That these accusations are
justified we must admit, when we consider what Stölzel[36] and the
genial creator of modern civil teaching demands: “It must be recognized
that jurisprudence in reality is nothing but the thesis of the healthy
human understanding in matters of law.” But what the “healthy human
mind” requires we can no longer discover from our statutory paragraphs
only. How shameful it is for us, when Goldschmidt[37] openly narrates
how a famous scientist exclaimed to a student in his laboratory: “What
do you want here? You know nothing, you understand nothing, you do
nothing,--you had better become a lawyer.”
Public-domain text, read in full here on John Shaqi.
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