IDEAS AND CONCEPTIONS OF JURISPRUDENCE 463 



of science, this word " law " may be defined in a variety of ways, and 

 taken together these definitions may include all that is to be con- 

 sidered; but it seems preferable to have some fixed guide outside 

 the wording of a rule; therefore, adding international law, I like the 

 definition of Sir Frederick Pollock, who says law is " the sum of those 

 rules of conduct which courts of justice enforce, the conditions on 

 which they become applicable, and the manner and consequence of 

 their application." This refers us to the jurisdiction of courts. 



I do not say that in determining the principles contained in the 

 rules of conduct to be studied we may not call to our aid as tests 

 rules and recognized principles that lie outside of this definition. 

 What I claim is that to constitute the science of law, as the phrase 

 is here used, it must be a system or group of principles which pertain 

 to and should be embodied in the rules coming within this definition 

 of law. To determine whether a given rule comes within the general 

 definition quoted, we have only to inquire whether it be, first, an 

 international law recognized by the civilized nations of the earth, 

 a principle which dominates states in their intercourse with each 

 other; or, second, whether it be a rule which the courts of justice 

 of a civilized nation enforce, or follow in determining the conditions 

 on which the substantive law becomes applicable, and the manner 

 and consequence of its application. This includes the whole field 

 of the judicial and professional action of judges and lawyers. 



Having limited the science to the laws falling within this juris- 

 diction, we may now say that the first and highest conception of 

 jurisprudence is, that it is the knowledge of a body of principles co- 

 ordinated and systematized, pertaining to the fundamental laws 

 which states and the courts of states recognize and enforce in deter- 

 mining the conduct of a state in its dealing with other states, the 

 privileges of citizens temporarily within foreign territory, the rela- 

 tions and obligations of inhabitants to the state, and the relations 

 of these inhabitants with each other. 



This conception gives a well-defined field to jurisprudence. It is 

 not the " study of law " as that phrase is usually and properly under- 

 stood, meaning the study of formulated law stated in maxims, 

 constitutions, statutes, opinions, and decrees of court, but it is the 

 field which in a sense lies back of all this; it is the body of principles, 

 the spirit of the law, which enlightened authority will seek to embody 

 in the visible formula. 



And now let me ask whether there is not another meaning, sec- 

 ondary it is true, that may properly be given to this word " juris- 

 prudence." It is a science; may it not also be called an art? The 

 proper application of a science to the construction of visible things 

 is something more than the putting together of material. A car- 

 penter can build a house, but only an architect can apply the princi^ 



