There are some words of Thibaut, the great jurist, which have long
seemed to me singularly penetrative of one of the secrets of the
intellectual life. “I told him,” he says,--he is speaking of an
interview with Niebuhr,--“I told him that I owed my gayety and vigor,
in great part, to my love for the classics of all ages, even those
outside the domain of jurisprudence.” Not only the gayety and vigor
of his hale old age, surely, but also his insight into the meaning
and purpose of laws and institutions. The jurist who does not love
the classics of all ages is like a post-mortem doctor presiding at a
birth, a maker of manikins prescribing for a disease of the blood, a
student of masks setting up for a connoisseur in smiles and kisses.
In narrating history, you are speaking of what was done by men; in
discoursing of laws, you are seeking to show what courses of action,
and what manner of dealing with one another, men have adopted. You
can neither tell the story nor conceive the law till you know how the
men you speak of regarded themselves and one another; and I know of
no way of learning this but by reading the stories they have told of
themselves, the songs they have sung, the heroic adventures they have
applauded. I must know what, if anything, they revered; I must hear
their sneers and gibes; must learn in what accents they spoke love
within the family circle; with what grace they obeyed their superiors
in station; how they conceived it politic to live, and wise to die;
how they esteemed property, and what they deemed privilege; when they
kept holiday, and why; when they were prone to resist oppression, and
wherefore,--I must see things with their eyes, before I can comprehend
their law books. Their jural relationships are not independent of
their way of living, and their way of thinking is the mirror of their
way of living.
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