If now we ask how we are to plan our work, what method we are to follow,
we must agree that to establish scientifically the principles of our
discipline alone is not sufficient. If we are to make progress, the
daily routine also must be scientifically administered. Every sentence,
every investigation, every official act must satisfy the same demand as
that made of the entire juristic science. In this way only can we rise
above the mere workaday world of manual labor, with its sense-dulling
disgust, its vexatious monotony, and its frightful menace against law
and justice. While jurists merely studied the language of dead laws,
expounding them with effort unceasing, and, one may complain,
propounding more, we must have despaired of ever being scientific. And
this because law as a science painfully sought justification in
deduction from long obsolete norms and in the explanation of texts. To
jurisprudence was left only the empty shell, and a man like Ihering[41]
spoke of a “circus for dialectico-acrobatic tricks.”
Yet the scientific quality is right to hand. We need only to take hold
of the method, that for nearly a century has shown itself to us the most
helpful. Since Warnkönig (1819)[42] told us, “Jurisprudence must become
a natural science,” men have rung changes upon this battle cry (cf.
Spitzer[43]). And even if, because misunderstood, it led in some
directions wrongly, it does seem as if a genuinely scientific direction
might be given to our doctrines and their application. We know very well
that we may not hurry. Wherever people delayed in establishing the right
thing and then suddenly tried for it, they went in their haste too far.
This is apparent not only in the situations of life; it is visible, in
the very recent hasty conclusions of the Lombrosists, in their very
good, but inadequate observations, and unjustified and strained
inferences. We are not to figure the scientific method from these.[44]
It is for us to gather facts and to study them. The drawing of
inferences we may leave to our more fortunate successors. But in the
daily routine we may vary this procedure a little. We draw there
_particular_ inferences from correct and simple observations. “From
facts to ideas,” says Öttingen.[45] “The world has for several
millenniums tried to subdue matter to preconceptions and the world has
failed. Now the procedure is reversed.” “From facts to ideas”--there
lies our road, let us for once observe the facts of life without
prejudice, without maxims built on preconceptions; let us establish
them, strip them of all alien character. Then finally, when we find
nothing more in the least doubtful, we may theorize about them, and draw
inferences, modestly and with caution.
Public-domain text, read in full here on John Shaqi.
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