A Neiv School of Jurists 3 



parative ethnological jurisprudence. 1 But it was not long in 

 assuming the name and something of the character of a socio- 

 logical jurisprudence, 2 and may be held one of the prime agen- 

 cies in bringing about the new movement. The triumph of the 

 Germanists, and consequent relegation of Roman law to a dis- 

 tinctly lower position in German legal education, began to be 

 felt in turning the energies of jurists and scholars into wider 

 fields of historical research, and a new type of legal literature, 

 dealing with the legal institutions of all manner of peoples from 

 the comparative and historical standpoints, grew to considerable 

 proportions. 3 Even Romanists were affected, and deemed it 

 necessary to begin a history of Roman law by an investigation 

 of the legal institutions of Babylon. 4 



Meanwhile others were approaching the same position from 

 the philosophical side. Dahn 5 in an article on the history and 

 system of the philosophy of law, reprinted in 1883, clearly fore- 

 shadows the treatment of the conception of law now character- 

 istic of the rising school. The latter define not law, but the legal 

 order. He defines law, but defines it as an institution of society, 

 and terms it a Fricdcnsordiiwig. A little later, Nani, 6 writing 

 in Italy, where the philosophical school is still paramount, re- 

 jected both the historical and the natural-law standpoints, and 

 ranged himself with Dahn, declaring that comparative ethnology 

 and anthropology must be the basis of jurisprudence. Wal- 

 laschek approached the analytical view. He asserted that the 

 philosophy of law is "the science of juristic thought," and in- 

 sisted that it was to be found in the actual methods of jurists. 7 



^Post, Bausteinefiir eine algemeine Rechtswissenschaft (1880), seel. 



2 Post, Crundlagen des Rcchts (1884). In this work there is an avowed 

 attempt to put jurisprudence on a sociological basis. 



3 In addition to the numerous contributions of Kohlerand Post, the newly 

 published Vorgeschichte des Rechts of Willutzky (1903) may be mentioned. 



. 4 Ehrenberg, preface to Ihering, Vorgeschichte der Indoeuropaer (1894), 

 vi. 



5 Rcchtsphilosophische Studien, 119. 



6 Vecchi e niwvi problemi del diritto (1886). 



7 Studien zur Rechtsphilosophie (18S9) . Schuppe carries this even further. 

 Jahrbiicher der Int. Vereiw.g ,/ur vergletch. Rechtswissenschaft, Jahrg. I, 

 art. I. 



251 



