Encyclopedia of sacred theology - pagina 231

CiiAP.

IV]

THE FIVE FACULTIES

§ 53.

207

law, Germanic law, etc., are generally spoken of in an uni-

Upon

versal sense. part,

which

this general part follows the particular

falls into

three

:

Public law. International law,

Public law Civil law, each with their auxiliary sciences. again into public law in the narrower sense divides itself

and Penal law, and to penal law the theory of procedure is added as a subdivision. Those which, on the other hand, are taken separately as political sciences, i.e. statistics, economics, politics,

diplomatics, sociology, etc., are only auxiliary

which keep public law especially, but civil law also in part, from feeling their way at random, and help them to walk in the broad light of the knowledge of facts, condiThe difference is that in olden times tions, and relations. unconscious life the was stronger, and hence also the sense of law, since custom of itself determined all sorts of relations which now in our more conscious life are only obtained Of course material goods are as the result of investigation. here considered only in so far as they are subsumed under man, and thereby are brought under the conception of law, or at least can exercise an influence upon the decision of the The relation between gold and silver, for relations of law. instance, would of itself be entirely indifferent to the jurist, but it becomes of importance to him as soon as the question arises, in what way the government in its monetary system is to decide the relation between them. We cannot enter into further detail. To analyze more closely the several characteristics of civil law, commercial law, maritime law, etc., lies not in our province, and the fact that legal prosciences

cedure, political science, etc., bear less a scientific than a technical character

is

self-evident.

Our only purpose has been

explain that side of the science of law on which

it lies

to

organ-

organism of general science, and to indiwhich the Juridical science must maintain, for Justitia must remain sancta or cease to be Justitia, and for this reason it stands in immediate relation to the two great problems, of how authority from God comes to man, and whether or no it has been conferred upon man simply because of sin.

ically linked in the

cate the partly sacred character

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