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- Natural Law and Legal Practice
Natural Law and Legal Practice
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Excerpt from Natural Law and Legal Practice: Lectures Delivered at the Law School of Georgetown University
In this century, political and social relations, commercial interests, and the opposite claims of Capital and Labor, of individual freedom and State authority, have grown so complex that the multiplication of legal safe guards has become a necessity of modern civilized life. We are far from the rugged conciseness of the Twelve Tables enlarged and amended by Pretorian edicts, or from the simplicity of Common Law, springing from customs, and supplemented by Parliamentary statutes: a modern jurist must be thoroughly acquainted with Constitutional Law, Law Merchant, Criminal Law, and the Law of Nations, each of these important branches of judicature is subdivided, and each subdivision requires individual treatment and special study. This complexity is bewildering, but unavoidable, for it is in keeping with the nature of the human mind, which cannot comprehend a whole subject at a glance, but must break it, as it were, into fragments, in order to master successively all its parts, and to conquer the difficulties one by one.
But if differentiation is called for, integration is no less needed: analysis presupposes principles, or needs, at least, some postulates, again, it remains almost barren, unless it lead to synthesis in which all human knowledge must at last culminate.
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