T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET

GLASGOW: THOMAS MURRAY AND SON; AND J. SMITH AND SON

ABERDEEN: WYLLIE AND SON

LONDON: STEVENS AND SONS

MDCCCLXXXVI

MORRISON AND GIBB, EDINBURGH, PRIETERS TO HER MAJESTY'S STATIONERY OFFICE.

92409

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

THE

JOURNAL OF JURISPRUDENCE.

THE GROWTH OF LAW.

das Substantielle ist in allen menschlichen Geschaften Dasselbe,-nämlich das Rechtliche das Sittliche und das Religiöse."-HEGEL.

$1. THE aim of the following inquiry is to discover what law is, or, at all events, to ascertain the most likely method of making that discovery.

Now, however much authorities may differ as to the nature of law in the sense of a rule of action, they agree in this at least, that it is concerned with human relations. Accordingly the problem which confronts us at the outset is to determine which of those relations fall within the sphere of law. But in order to understand what it is, we must examine it not merely as it is, but in all the various stages of its growth. In Comte's phrase, we must connect it with the whole of the existing situation, and with the whole of the preceding movement. Thus, if we would know what law really is, we must endeavour to ascertain the place which it holds in society at every stage of social development; and with this aim in view, we must first of all make clear to ourselves what we mean by "society."

I.-Conception of Society.

§2. Human beings apart from society are inconceivable. However they may differ in character and conduct, in habits and observances, they present one characteristic at least, always and everywhere, they are invariably found in groups. Nor is the explanation far to seek; for the group satisfies man's primary cravings, both intellectual and material. Of course he feels those cravings long before he reflects upon them or talks about them. Still it is, as we shall see, because he is a rational being that he

§§ 2-4 are an amplification of the first section of a paper entitled "Law and Morality," which appeared in the Journal of Jurisprudence for February 1884. VOL. XXX. NO. CCCXLIX.-JAN. 1886.

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