The Monist, Vol. 2, 1891-1892 : $b A quarterly magazineVarious
Philosophy
The Monist, Vol. 2, 1891-1892 : $b A quarterly magazine
Various
Philosophy -- Periodicals
Quite different, on the other hand, are matters conditioned when the
inquirer has before him the laws of all the peoples of the earth from the
lowest to the highest. Here he has in his possession a picture of the
jural consciousness of the mind of humanity, which is no longer subject
to alteration, but which, to the extent that the development of human
jural life has advanced, is complete.
For the execution of its task ethnological jurisprudence first requires
a collection of the laws of all the peoples of the earth. Each one of
these laws is of equal value to ethnological jurisprudence in so far
as the jural consciousness of humanity has found expression in it in
any form. Especially deserving of consideration are the laws of the
so-called savage peoples that have been so much neglected and contemned
hitherto; since they bring to light the jural consciousness of humanity
in its germinal stages, and since higher formations are invariably best
understood when we know their first beginnings.
The solidest basis for ethnological jurisprudence would be furnished by
a monographic treatment of the law of every single tribe and people of
the earth. By such monographic treatments the entire social organisation
of a given tribe or people would be exhibited in all its complicated
reciprocal relations, and we should be able to follow the law in all the
thousands of minute ramifications that connect it with the remaining
provinces of national life. But such a monographic treatment of the law
of all the nations of the earth is accompanied with great difficulties,
and this part of the task of the science of law has as yet been
undertaken only to a limited extent.
The condition of affairs is best in this respect where the nations
themselves have collected and compiled their legal customs in books of
laws. But such collections are found only among peoples that deserve
to some extent the appellation of civilised peoples. Among the great
majority of peoples the law is simply practised and handed down by oral
tradition, so that here the legal customs must be collected by members
of foreign civilised nations,—a very difficult labor and one that can be
accomplished only by persons who take up their abode permanently among
the races in question and become thoroughly familiar with their language
and habits of life.
Collections of this character we possess unfortunately only to a very
limited extent, and our knowledge accordingly of the law of uncivilised
peoples is still very meagre. Even the books of law possessed by the
various peoples have not all been made available to juristic science.
In part they have not yet been printed, and in part they have not yet
been translated into a generally understood language. Considerable time
will yet be required before the existing material has been made wholly
accessible.
Public-domain text, read in full here on John Shaqi.
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