The Monist, Vol. 2, 1891-1892 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine
Various
Philosophy -- Periodicals
In recent times, through the influence of ethnology, jurisprudence has
entered on a new epoch. A new branch of the science of law has arisen in
Europe, the so-called ethnological jurisprudence, and has already found
in Germany, Austria, Italy, France, Belgium, and Holland, enthusiastic
supporters. Ethnology, as it is known, is the science that has for the
subject of its investigations the totality of phenomena of social life of
all the peoples of the earth, and which makes use, in this investigation,
of the methods of inductive inquiry exclusively employed by physical
and natural science. After the science of ethnology had advanced to a
certain point, the extension of ethnological inquiry to the domain of
jurisprudence followed as of course.
To a certain extent the investigations of the history of law had prepared
the way for ethnological jurisprudence. The inductive method was common
to both. The idea of a history of the development of law was no longer
strange to jurisprudence. Only the courage was wanting to allow the eye
to range over the legal systems of all the peoples of the globe, instead
of, as before, restricting it to very narrow limits. The historical
investigation of law began in Europe with the history of the Roman law.
Thereupon it was immediately extended to the Germanic laws of Europe, so
that now all West-European peoples possess a highly developed history of
law of their own. Recently, also, the history of Slavonic law has been
assiduously treated.
Whereas in every case here it was a question of the sources of the
laws that stood in immediate historical connection with the prevailing
systems of Europe, jurisprudential investigation was slowly extended to
more remote ethnical fields. The first impulse in this direction came
from comparative philology. This science had succeeded in tracing the
languages of extended groups of peoples back to common primitive tongues.
Among these primitive tongues the Aryan, the common original language
of the Indo-Germanic group of nations, first occupied the attention of
inquirers, and the law of this group of nations thus became the first
object of investigation of a comparative jurisprudence extending beyond
the more restricted provinces of the history of law. The provinces of
Græco-Italic, Germanic, Slavic, Celtic, Iranic, and Indian law were
investigated with respect to a common origin, and various agreements and
various deviations were discovered. In very recent times the laws of the
Armenians and the Ossetes in the Caucasus have been added to the laws of
the Aryans, and the laws of the Afghans will probably soon follow these.
Public-domain text, read in full here on John Shaqi.
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