460 JURISPRUDENCE 



With the growth of the philosophical spirit and the scientific 

 method in the domain of learning, this original and practical con- 

 ception of jurisprudence gradually changed. Scholars and writers 

 arose who wanted to know the reasons for these rules of human 

 conduct and the sources of the positive law enforced by the state. 

 The spirit of investigation led to metaphysical discussions as to 

 what the law ought to be, and not a little speculation as to the 

 original source of authority. The philosophical spirit was strong 

 and prevalent; the scientific method was of slower growth. Specu- 

 lative theology was dominant among the educated classes in the 

 early development of systematic law; its theories, dogmatic rules, 

 and creeds were sacred and therefore above human authority, and 

 by some thought to be above ordinary criticism. All human au- 

 thority must, it was urged, conform to the letter of the conception 

 and statement in creeds of divine power and divine will. The 

 growth of the state and the increasing complexity of human affairs 

 requiring new rules of conduct, together with a widening spirit of 

 inquiry after truth, led to the discussion and the development of 

 what was termed the law of nature. This phrase was at least less 

 sacred, and opened the field of politics and law to freer discussion, 

 and the human mind began its search after right as disclosed, in 

 some degree at least, by human experience. 



Other theories arose which need not be mentioned; speculation 

 was everywhere seeking authority for government and sources of 

 law outside of the human mind and will. These metaphysical 

 studies are interesting as a part of the history and development of 

 the subject, but time will not permit, nor does my aim require us to 

 review them. It is sufficient and a relief to observe that in the 

 course of human affairs some theologians and many jurists discov- 

 ered the truth contained in the statement, " The letter killeth, but 

 the spirit maketh alive." Then investigation and search after the 

 spirit of the law the principle within the rule, a knowledge of 

 right became the aim and work of some of the most profound 

 writers. Then the scientific method began to develop, and with 

 some to supersede the speculative spirit. The principle of a law 

 was sought by a study of the rule, and its Tightness determined by its 

 beneficial operation in human society and its harmony with other 

 principles embodied in other rules of conduct. These principles, as 

 they are discovered and stated, form a body of fundamental truth 

 pertaining to the character and operation of positive human law. 

 The principles are not formulated rules of conduct, for they can be 

 stated in a variety of phrases, but they are the essence of all formu- 

 lated law. 



Behind the manifestation of every visible thing there is the con- 

 ception of it in the human mind. Is it a painting or a statue? If 



