The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine — John Shaqi
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine
Various
Philosophy -- Periodicals
A number of more remote provinces of law have also been entered upon, in
connection with theological, philological, and connate inquiries. Thus,
particularly, in connection with biblical investigation the Israelitic
law, in connection with the study of Arabic the Islamitic, in connection
with the decipherment of the hieroglyphic writings the Old-Egyptian,
in connection with the decipherment of the cuneiform inscriptions the
Soumerian and the Assyrian-Babylonian, and in connection with sinology
the law of China. In very recent times the Japanese law has also been
treated.
In the laws of all these peoples, by the side of many peculiarities, were
also found many phenomena of frequent and universal recurrence.
After the science of law had so far extended its activity in this
direction, it was a final step only that ethnological jurisprudence
took when it declared that the subject of juristic science was the
investigation of the laws of _all_ the peoples of the earth. And yet
this step was perhaps a more important one than all that had hitherto
been taken. For a considerable group of peoples had up to then been
entirely neglected by the science of law, namely the uncivilised
peoples, the so-called primitive peoples or _Naturvölker_. And just the
laws of these savages furnished the most remarkable disclosures. They
exhibited everywhere the most singular parallel phenomena, and made it
possible to open up a complete early history of the law, and to bring
to light periods of jural development of which the history of civilised
peoples has preserved but a few unintelligible remains. Ethnological
jurisprudence is thus able to supply complementary information at a point
where the threads of the history of law are lost in the obscurity of
early times.
The condition of jural life in these primitive periods is very singular.
No juristic philosopher has ever lighted on the idea that primitive man
could exist with such jural conceptions as he actually does. That which
ethnological jurisprudence has brought to light in this connection is
something absolutely new and astonishing, something that no brooding
brain could have ever developed out of any idea or principle. Indeed, it
is so strange that it could not be conceived at all if we did not have it
before our eyes to-day among savage tribes.
The collecting of the laws of uncivilised peoples constitutes an
independent task of ethnological jurisprudence. In this way the latter
science will fill up the gaps which historical jurisprudential inquiry
left open in our knowledge of the jural life of man. But more important
than all, perhaps, will ethnological jurisprudence become for the future
development of the philosophy of law. In this connection it goes hand in
hand with the sociological tendency which dominates our time and has its
surest foundation in ethnology.
The prime significance of ethnological jurisprudence lies in the fact
that it is an ethnological science.
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