The Monist, Vol. 2, 1891-1892 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine
Various
Philosophy -- Periodicals
This is the fundamental idea of modern ethnology. It seeks to collect all
the expressions of the human soul in the life of the species, and from
them to derive its inferences as to the nature of man. It regards ethnic
existence as the precipitate of human psychical existence, and not merely
of that part of it which is conscious, but also of that part of it which
is unconscious, that which is inaccessible to introspective observation,
that which is not thought, but is merely lived. It enlarges accordingly
the domain of psychology, which was restricted hitherto to the analysis
of the human consciousness, by the incorporation of an additional domain
unmeasured in extent.
These general conceptions of ethnology are also determinative for
the science of ethnological jurisprudence, and from this results its
peculiarity as contrasted with the other branches of juristic knowledge.
Ethnological jurisprudence places the centre of gravity of the science
of law not like the previous juristic philosophy in the individual jural
consciousness, but in the law viewed as a province of ethnic existence.
It regards the laws of the nations as the precipitates of that which
is now active and has been active as jural instinct in the entire
human race. It assumes that when all the phenomena of law in the life
of the nations have been fixed, an infinitely more valuable material
will be drawn therefrom adapted to the disclosure of the nature of law
than could have ever in the world been acquired by an analysis of the
individual jural consciousness. It does not regard the individual jural
consciousness as something innate in man and exempt from the altering
effects of time, but as a product of the social conditions in which the
individual has grown up. It assumes, therefore, that the individual jural
consciousness changes with a change of the social conditions, so that a
man who grows up under different social conditions possesses a different
jural perception. This assumption, if we compare the expressions of the
jural consciousness of races low in the scale of culture with those of
civilised peoples, is one that cannot be escaped. We have only to recall
to mind the irresistible force with which the jural sense of peoples
that live under clan-constitutions demand vengeance of blood, whereas
this species of retaliation no longer exists in our jural consciousness
of to-day. Thus there are hundreds and thousands of jural instincts and
conceptions which are present at certain stages of civilisation and
disappear entirely at others.
Ethnological jurisprudence therefore assumes, that the juristic
philosopher who lays at the foundation of his system essentially his own
jural consciousness, simply enunciates therewith a system of law that
answers perhaps to the current conceptions of his time and his people,
but which can in no sense lay claim to a value beyond that.
Public-domain text, read in full here on John Shaqi.
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