THE THEORY OF JURISPEUDENCE. 



21 



be taken of the Law, as we understand the term. For by that 

 term we commonly have in view not the Law of any particular 

 State, but the Common Law of all the States, in which there is 

 no Doctrine of Actions, nor any Common Legislature or 

 Judiciary. 



This conception of the Law does not deny the doctrine of 

 Absolute Sovereignty (though for myself, with Burke, I regard 

 this as a simple absurdity). For, accepting this theory, the 

 doctrine will still remain true ; and accordingly it is sub- 

 stantially adopted and lucidly explained by Hobbes. On this 

 point Hobbes' views have been generally misunderstood, though 

 all his evil principles have been adopted by some modern 

 English Jurists, thus verifying the saying : " The evil w^hich 

 men do lives after them ; but the good is oft interred with 

 their bones." 



This view of the nature of Jurisprudence and of the Law is 

 essential and necessary to the scientific exposition and study of 

 the Law. 



]^or is the theory altogether inconsistent with the theory of 

 Austin, as modified by Mr. Markby and Mr. Holland, but all 

 that is required to make a perfect synthesis of the two theories 

 is simply to correct the definitions of the terms used, by 

 confining the terms, right and Jurisprudence, to the Doctrine of 

 Rights, and leaving the term " the Law " to express only the 

 doctrine of Actions. 



We may, therefore, conclude with Coke and other great 

 jurists of our Law, that " the common Law is nothing else but 

 reason " ; or, in other words, that reason is not merely part of 

 the Law, but, as applied to the Jural relations of men, is the 

 Law itself. 



Discussion. 



Mr. J. 0. CoRRiE, B.A., F.E.A.S., said : It has been suggested to 

 me by the Chairman of Council, Colonel Mackinlay, that I should, 

 in our discussion, touch on Law, as mentioned in the Bible. 



Law and Covenant are leading biblical subjects and themes, too 

 extensive for a short speech. 



I will, therefore, merely deal with one cardinal principle of 



