Inquiries in the Science of Law

Inquiries in the Science of Law

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1847 edition. Excerpt: ...formation of the law may, besides, have a wholly different relation to the originally pre existing law. There may through it be produced new legal institutions, or the pre-existing institutions may be modified. Nay, the latter may, through it, be wholly annihilated, if they have become foreign to the sense and wants of the times. Section Second. The People as an Assemblage of Individuals.1 If we consider the relations of right or law, abstractedly from all the particular contents or substance of the same, there remains to us, as their general nature, the association or living together of a number of men, regulated in a determinate way. Now there is very little distance between the abstract idea of a plurality of men generally, remaining together, and the consideration of law, as their invention, without which the external freedom of no individual could exist. But such an accidental assemblage of an indefinite multitude of men, is a notion or supposition, arbitrary, and devoid of all truth. And if they do find themselves actually so assembled together, they would infallibly want the capacity of giving birth to law; since along with the want, there is not given, at the same time, the power of satisfying it.--In fact, we find, over the whole globe, that wherever men live together, and so far as history gives us information, they exist in an intellectual community, which manifests itself publicly, as well as establishes and improves itself, through the use of the same language. In this natural whole is the seat of the production of law; for, in the community, the individual penetrating spirit of the people finds, for itself, the power of satisfying the want before recognized. 1 Savigny, System, $ VIII. Farther, if we consider the people as a more

Product details

  • Paperback | 144 pages
  • 189 x 246 x 8mm | 268g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236657101
  • 9781236657107