Outlines of the Science of Jurisprudence. : An Introduction to the Systematic Study of Law

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[Bethmann - Hollweg (Chil process, S. 30, n. 7, 1864) refers to the fact that the Conviction of the people viewed as Customary Eight, upon which Hugo and Savigny were lei to lay the most weight in opposition to the exclusive emphasis of statu- tory Law, appears completely as an original source of Eight only in the Germanic Systems. The Roman Eight, although bom as regards its matter from the spirit and practice of the people, was, as regards its form, developed in harmony with the high culture ...of the earliest period, under the authority of the Government and the Jurisprudence of the Pontifices.
— RUDORFF,] LEGISLATION AND LEGAL EIGHT. 41 Will is Law ; and the Eight which arises in this form, is Legal or Peomulgated EightIS It is to be expected that the Legislator shall actually express in the Law the common Conviction of the Nation, under whose influence he may be acting. In this relation he may either receive into his Law an already established view of Eight, or he may take up a conception of Eight that is only in the process of being formed, and embody it in a law.


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