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established, that in every society or State a body of principles govern- 

 ing the jural relations of men, or, in other words, a system of private 

 right, is naturally and spontaneously developed, and that these princi- 

 ples are, in the main, rational and just, and are generally recognized, 

 not only by the particular people, but by all peoples of the same grade 

 of civilization, and to a considerable extent by all peoples, civilized and 

 uncivilized, and that such principles are universally regarded by the 

 people as the criterion by which their just rights are to be determined, 

 and if it be further true that no government is strong enough to disre- 

 gard, except to a limited extent, these jural convictions of the people, 

 or to violate the rights believed by the people to be guaranteed by them, 

 and that in fact all governments hold their power, and even their ex- 

 istence subject to the condition of substantially observing them, then it 

 must inevitably follow, first, as a historical fact, that these principles, 

 so far as they are thus recognized, must be and in fact are, in theory 

 recognized and in practice substantially observed by all States, and 

 hence constitute an integral part of the law ; and secondly, that this is 

 not an accidental but a necessary fact or phenomenon resulting from 

 permanent laws of human nature, to which philosophy must conform 

 itself. 



I have dwelt largely on this point because, though the proposition 

 contended for is obvious and simple, there seems to be an inveterate 

 prejudice to the contrary, from which even those who have convinced 

 themselves over and over again of its falsity can hardly escape. Hence, 

 whenever I assert the doctrine in explicit terms, I am conscious that, 

 to many readers, it will appear paradoxical ; and I have, therefore, 

 being convinced that herein must consist the first step in the intelligent 

 study of political science, labored with anxious care both here and else- 

 where throughout the work, and at the risk of tediousness, to establish 

 the true doctrine of natural right, both directly by demonstrating its 

 abstract truth, and by showing it to have been substantially realized in 

 every system of law, and indirectly by demonstrating the absurdity 

 of every conceivable contradictory theory. For, as in the past, the 

 noble development of jui'isprudence as exemplified in the Roman and 

 in the English law was due entirely to the acceptance and application 

 of this doctrine, so the present state of stagnation into which it has 

 fallen is to be attributed to its neglect ; nor in my opinion is there any 

 hope of a revival either of jurisprudence or political science generally, 

 until the doctrine of natural right, as above explained, is again received 

 and assigned to its proper place. 



§ 50. Historical View oj the Doctrine of Natural Right. 



The theory of natural right, and its existence as an integral part of 

 the law, has been uniformly recognized by the jurists of all ages and 

 countries, with the exception of Austin and the modern English jurists. 



(1) It is clearly and forcibly expressed by Aristotle, who may be 



