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Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P58

Gale Encyclopedia of American Law Volume 13 P58 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 556 REFLECTIONS ON LAW AND SOCIETY PRIMARY DOCUMENTS LEGAL SCHOLARSHIP MECHANICAL JURISPRUDENCE to be taken outside of Germany. And in the first and second stages of a period of legislation the mechanical character of legal science is aggravated by the imperative theory which is a concomitant of legislative activity. Austin s proposition that law is command so complete that even the unwritten law must be given this character since whatever the sovereign permits he commands was simply rediscovered during the legislative ferment of the reform movement in English law. In the flowering-time of Papal legislation the canon law had already asserted it. Moreover a period of legislation and codification has brought German jurists to a like conclusion. At such times when law is felt to be positive to be the command of the law-maker a tendency to enact rules as such becomes manifest. Roman law in its period of legislation can furnish more than one example of the sort of law-making of which we complain to-day. Before the analytical school which revived the imperative theory to meet the facts of an age of legislation had become established historical jurists led a revolt. But their jurisprudence is a jurisprudence of conceptions. Moreover they have had little effect upon the actual course of Anglo-American law. The philosophical jurists have protested also and have appealed from purely legal considerations to considerations of reason and of natural law. But theirs too is a jurisprudence of conceptions and their method of itself offers no relief. Their service has been in connection with the general sociological movement in giving natural law a new and a modern aspect and in promoting a general agreement among jurists on a sociological basis. In Europe it is obvious that the different schools are coming together in a new sociological school that is to dominate juristic thought. Instead of seeking for an ideal universal law by metaphysical methods the idea of all schools is to .