The Nature And Sources of the Law
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Heut. r8m. Keoht, § 7, pp. 14, 16 ; § 12, p. 38.
88 NATURE AND SOURCES OF, LAW " The foundation of the Law," he says, " has its existence, its reality, in the common consciousness of the people.
This existence is invisible. How can we become acquainted with it ? We become acquainted with it as it manifests itself in external acts, as it appears in practice, manners, and custom. By the uniformity of a continuous and con- tinuing mode of action, we recognize that the belief of the people is its c...ommon root, and not mere chance.
Thus, custom is the sign of positive law, not its founda- tion."!
Sec. 205. Savigny is confronted by a difficulty of the same kind as confronted Austin. The great bulk of the Law as it exists in any community is unknown to its rul- ers, and it is only by aid of the doctrine that what the sovereign permits he commands, that the Law can be con- sidered as emanating from him ; but equally, the great bulk of the Law is unknown to the people ; how, then, can it be the product of their " common consciousness " ?
What to read after The Nature And Sources of the Law?
You can find similar books in the "Read Also" column, or choose other free books by Gray, John Chipman, 1839-1915 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Heut. r8m. Keoht, § 7, pp. 14, 16 ; § 12, p. 38.
88 NATURE AND SOURCES OF, LAW " The foundation of the Law," he says, " has its existence, its reality, in the common consciousness of the people.
This existence is invisible. How can we become acquainted with it ? We become acquainted with it as it manifests itself in external acts, as it appears in practice, manners, and custom. By the uniformity of a continuous and con- tinuing mode of action, we recognize that the belief of the people is its c...ommon root, and not mere chance.
Thus, custom is the sign of positive law, not its founda- tion."!
Sec. 205. Savigny is confronted by a difficulty of the same kind as confronted Austin. The great bulk of the Law as it exists in any community is unknown to its rul- ers, and it is only by aid of the doctrine that what the sovereign permits he commands, that the Law can be con- sidered as emanating from him ; but equally, the great bulk of the Law is unknown to the people ; how, then, can it be the product of their " common consciousness " ?
What to read after The Nature And Sources of the Law?
You can find similar books in the "Read Also" column, or choose other free books by Gray, John Chipman, 1839-1915 to read onlineMoreLess
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