Encyclopedia of sacred theology - pagina 230

206

THE FIVE FACULTIES

§ 53.

[Div. II

tween right and wrong is actually abolished, in order to recognize laAV only in that which is in force as such as long as it maintains itself, there is a premise already in this, and back of this premise an entire system, that dominates our entire

Even where one eliminates the Philosophy the start is made insensibly, i.e. without a clear

science of law. of

law,

from a point which the Philosophy of 1+iw and for this reason the omis-

self-consciousness,

alone can scientifically justify sion of this study

is

;

at heart an insincerity.

Concerning the grouping of the several departments of study in this faculty, no one will longer defend the method of Kirchner of placing the fountain-studies, such as hermeneutics, criticism, and diplomatics in the foreground as the exegetical group. These are simply not juridical departments, but philological, and are here specially applied to documents of juridical contents. In this faculty also the grouping should derive

from

its

its

object,

principle of division (^principiuyn divisionis')

and hence

the several elements, are observed, ple,

i.e.

and

citizen

Sovereignty,

this

principium can only

among which

government and

we purposely

course where this relation denied, and wdiere

the

plained in other ways.

God and

relation,

omit, because law also runs is

not recognized or

is

prerogative of Sovereignty

From

in

and peo-

subject, people

The fourth

citizen.

lie

the Jural relationships

its

even is

ex-

however, it follows that the three lines of relations which we have named form only this,

the particular part in the juridical science, and that these three studies, which together form the particular part, must

be preceded by a general part on Laiv as such. part should embrace the two departments

:

phy of Law and (2) the history of Law sons fully developed above. Encyclopedia ;

;

This general

(1) The pJdlosoto which, for rea-

can

be added

(although, even as with the other faculties really a philosophical study), in an irregular way.

Of course

it

is

not

denied that the three portions of the particular part have each a history of their own, but we are so fully convinced of the

common fundamental

trait

which dominated these

parts in every period and with every people, that

Roman

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