The Spirit of the Common Law

Cover The Spirit of the Common Law
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The completion of this rigidifying process, which had been going on for more than a century, coincided with an epoch-making change in the philosophy of law. The theory of natural law had done Its work of liberalization and modern- ization and had become for the time an agency of stabilization. Men thought It possible to discover 146 THE SPIRIT OF THE COMMON LAW a body of fixed and immutable principles, from which a complete system, perfect in every detail, might be deduced by purely logical ope...rations, and held it the duty of the jurist to find them and of the legis- lator to promulgate the deductions in the form of a code. The principles also, they conceived, were to be discovered once for all by reason since they were mere expressions of abstract human nature; they were the principles of reason inherent in the conduct of the abstract individual. But the possi- bilities of this juristic method had been exhausted.
The rationalizing legal philosophy of Grotius had accomplished its task.


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