462 JURISPRUDENCE 



all cases arising under it require a knowledge of the conception or 

 principle behind the formulated rule. These rules are the facts 

 that are to be investigated, and in these, or by their aid, the princi- 

 ples of law are to be found and a true science established. Every 

 science must rest upon the facts within its realm. As the facts 

 multiply in a given sphere of human knowledge, the conceptions 

 increase in number, and as these are fitly joined together a body 

 of principles is created, and this constitutes a science; it may be of 

 astronomy, or geology, or of law. 



We have now reached a definition which is the modern conception 

 of the word "jurisprudence." It is the science of law; not the 

 body of positive laws enforced by a particular state, but the body 

 of principles and generalizations regarding all those " relations 

 of mankind which are generally recognized as having legal conse- 

 quences." 



But our definition must be defined. To say the science of law 

 raises the question at once, What laws are included? To be scien- 

 tific the field of inquiry must have reasonably clear boundaries. 

 There are many laws. The word is sometimes misused, but we 

 need not stop for the purposes of this definition to notice these 

 inaccuracies. We have spoken of the divine law, the natural law, 

 and we may now add the moral law and the laws of polite society. 

 Are these within the field of investigation and study in constructing 

 this science? They are in themselves important, but they certainly 

 do not fall within the meaning of the word " law " as used in our de- 

 finition. It is difficult to formulate a definition exactly covering the 

 field of inquiry, and excluding that which belongs in the field of pure 

 philosophy or metaphysics. Take that old definition, law is " a rule 

 of civil conduct prescribed by the supreme power in a state, com- 

 manding what is right and prohibiting what is wrong " a very 

 good one for some purposes, assuming that all laws are prescribed 

 and are commands of the state ; but there are rules of conduct to be 

 studied which cannot be called commands of the state. If we say 

 all laws are commands determining what is right and prohibiting 

 what is wrong, we shall find ourselves limited to public law, statutory 

 law, and judicial determination. This definition, therefore, is too 

 narrow. 



The moral law and what are termed the laws of polite society are 

 certainly worthy of study and are to be observed; but these laws do 

 not fall within our definition. 



I do not say that an understanding of what is termed ethics is not 

 necessary for the student of the science of law; it is important; 

 without it the reasoning of the scholar will be quite wanting in essen- 

 tial quality and strength. But these laws fall within another science 

 and do not come within our definition. Like most of the principles 



