The instinct of workmanship, and the state of industrial artsVeblen, Thorstein
Philosophy
The instinct of workmanship, and the state of industrial arts
Veblen, Thorstein
Industrial arts -- History; Industries -- History; Technology -- History; Workmanship -- History
The connection so shown between the growth of handicraft and the
system of Natural Rights does not purport to be a complete account
of the rise of that system, even in outline. The more usual account
traces this system to the concept of _jus naturale_, of the late Roman
jurists. There is assuredly no call here to question or disparage
the work of those jurists and scholars who have busied themselves
with authenticating the system of Natural Rights by showing it to
be founded in the _jus gentium_ and the _jus naturale_ of the Latin
Codes. Their work is doubtless historically exact and competent. But
as is commonly the case with such work at the hands of jurists and
scholars, especially in that past age, it contents itself with tracing
an authentic pedigree, rather than go into questions of the causes that
led to the vogue of these concepts at the time of their acceptance
or the circumstances which gave these Natural Rights that particular
scope and content which they have assumed in modern theory of law and
civil relations. The thesis which is here offered is to the effect that
the habituation of use and wont under the handicraft system installed
these rights, in an inchoate fashion, in the current preconceptions
of the community, and that this habituation is traceable, causally
rather than by process of ratiocination, to the sense of workmanship
as it took form and went into action under the particular conventional
circumstances of the early era of handicraft; that the preconceptions
that so went into effect determined the current attitude of thoughtful
men toward questions of civil rights and legal principle; and that the
jurists who had occasion to take notice of these current preconceptions
touching human rights found themselves constrained to deal with them as
elementary facts in the situation as it lay before them, and therefore
to find a ground for them in the accepted canons, such as would satisfy
the legal mind of their authenticity by ancient prescription, or such
as should determine the scope of their application in conformity with
legal principles having a prior claim and authoritative sanction.
The thesis, therefore, is not that the jurists founded these modern
principles of legal theory on the popular prejudices current in their
time and due in point of habituation to the routine of handicraft,
nor that they stretched the ancient principles of _jus naturale_ to
meet the demands of popular prejudice, but that on prompting of legal
exigencies to which the practical acceptance of these principles had
given rise, the jurists found in the capitularies of the code what
was necessary to authenticate these principles of legal theory and
give them the sanction of authority,--a work of reasoning all the more
congenial and convincing to the jurists since they in common with the
rest of their generation were by habit and tradition imbued with the
penchant to find these principles right and good, and consequently to
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