On Identity of Method in the Search for Truth Jurisprudence
On Identity of Method in the Search for Truth Jurisprudence
John Tozer
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9 "The enquiries of the Jurists are in truth prosecuted " much as enquiry in physics and physiology were prosecuted " before observation had taken the place of assumption. " Theories plausible and comprehensive but absolutely unve- " rifled, such as the Law of Nature, the social compact, " enjoy a universal preference over sober reasoning into the "primitive history of Society and Law, and they obscure the " truth not only by diverting attention from the only quarter " in which it can be found,... but by that most real and most " important influence, which when once entertained and be- " lieved in, they are able to exercise on the latter stages of "jurisprudence. " The proposition, that the knowledge of a less advanced period of society is the only source of the knowledge of a more advanced period, is not prima facie probable, and any one who advances it should be prepared with the facts on which it is based. That physics and physiology have made their advance as a consequence of observation having taken the place of assumption, can scarcely be a reason why primi- tive history should be the only quarter in which truth on any other subject can be found.
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