Encyclopedia of sacred theology - pagina 229

Chap. IV]

§ 53.

THE FIVE FACULTIES

205

highest and holiest in the living God, or whether

tliis

it

is

sought in the pantheistic idea, or in the pressure of natural life, determines, really, the entire course of our further studies. But in any case the science of law must fix its point of departure, formulate its idea of justice, and make clear the vital

To do this it must borrow its data from Theology, Psychology, and Philosophy in the general sense, but by a proper Philosophy of Imv it must work out these borprinciple of law.

rowed data independently Avith a view to Justice, and unite them organically into one whole, in which the self-consciousness of

Law

expresses

itself.

The Encyclopedia

of the science

of law does not preclude the necessity of a separate study of

For the object of Encyclopedia is not but the science of law, and though it is self-evident that there can be no exposition of the science of Law as an organic whole without due consideration of the questions the philosophy of law.

law

itself,

is, wliat law is born from, and how we can learn understand law, yet the answer of these does not rest with the Encyclopedia, but is accepted in the Encyclopedia as already determined and this is only possible when in the organism of the Science of law the Encyclopedia also finds the Philosophy of law, with its results. By this we do not detract in the least from the signifi-

what law to

;

That historical study means merely the explanation of existing Jural institutions in their origin, but at the same time points out the forms which the character of our human nature, in connection Avith national and climatic differences, have given to law, and according to what process these forms have developed themselves one from the other. It also aj^pears from cance of the historical study of law.

includes by no

these historical studies, that the development of law has been

more normal in one direction, and that in definite circles tlie development of law has exhibited a classical superiority. What we contend is, that no criticism or even a mere judg-

ment

is

possible, unless a critic

is

present subjectively in the

and the authority which gives law its sanction determined in advance. Even where this criticism is rejected from principle, and in a pantheistic sense the distinction beinvestigator,

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