Law Its Origin Growth And Function Being a Course of Lectures Prepared for De
Law Its Origin Growth And Function Being a Course of Lectures Prepared for De
James C James Coolidge Carter
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It is that in the passage of these local communities into an extended and centralised empire the laws distinctly altered their character; that while before the passage they rested upon cus- tom, and were obeyed almost blindly and instinct- ively, seeming to be parts of mere order, after the passage they were broken up and replaced by rules directly emanating from the sovereign, and the power behind them assumed the attitude and char- acter of purely coercive Force; that the theory of Bentham an...d Austin, while wholly inapplicable to Oriental conditions and to the primitive social conditions of Europe, did represent those in Europe which came into existence after the change; that legislative activity has rapidly increased and is increasing, and that eventually Austin's formula 200 Law, Its Origin that law is the command of the sovereign will be as true in fact as it is elegant in theory. I must give in his own language the auspicious future which he predicts for this theory: "But, if the Analytical Jurists failed to see a great deal which can only be explained by the help of history, they saw a great deal which even in our day is imperfectly seen by those who, so to speak, let themselves drift with history.
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