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
The explanation of these ethno-juristic parallel phenomena is in part
not very difficult, inasmuch as many of them can be traced back to
fixed forms of social organisation. Thus, for example, a whole group
of universally recurring legal customs is associated with the peculiar
formation of the clan-constitutions and clan-law which regularly appears
among uncivilised peoples and characteristically differs from the form of
political organisation familiar to the present age. Many legal customs
are also based on religious conceptions and social customs, and their
explication in such cases is frequently very difficult.
A complete explanation of all the legal customs of all the peoples of
the earth with respect to their social causes would exhaust the work of
ethnological jurisprudence as an ethnological discipline. But in the
same way that the acquisitions of ethnology are in their turn utilisable
towards the constitution of a universal philosophy, to which they will
impart perhaps an entirely different character, so will the results
of ethnological jurisprudence be in their turn utilisable towards the
constitution of a universal science of law and for the philosophy of
law, in which probably, through its means also, a powerful change will
be inaugurated. These are the ideas, traced in their most general
characters, that may be regarded as the fundamental ones in “ethnological
jurisprudence.”
ALBERT HERMANN POST.
FOOTNOTES:
[4] Translated from the manuscript of Dr. Albert Hermann Post by Thomas
J. McCormack.
[5] Bastian.
[6] The reader will find a brief survey of the ethno-juristic parallels
appearing among the various peoples of the earth, in a treatise of mine
entitled _Ueber die Aufgaben einer allgemeinen Rechtswissenschaft_
(1891), pp. 27 to 72.
AMERICAN POLITICS.
Nothing in this country appears to the stranger more intricate and
inexplicable than our politics. The different parties, two big ones and
several little ones, the various machines, county, state, and national,
the “bosses,” “heelers,” and “workers” present such a confusion of ideas
and a terminology so varied, that it is only after many years that
the foreigner begins to comprehend our system of government and the
principles underlying our political movements. Indeed, the majority of
Americans themselves are no better off and have no clear perception of
the part they are playing in the administration of affairs or the ethical
effects of the ballot which they cast. Ask the ordinary voter why he
supports the candidates of a certain party and you will find that his
reasons are reducible to a few concrete facts, and are rarely governed by
any general principles.
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