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By Otto Friedrich von Gierke
Read or Download Natural Law and the Theory of Society 1500 to 1800, with a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch, Translated with an Introduction by Ernest Barker. PDF
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Extra resources for Natural Law and the Theory of Society 1500 to 1800, with a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch, Translated with an Introduction by Ernest Barker.
7. t Ibid. pp 119, 121. ::: Ibid p. 94· § Ibid. p 157. II Van Tyne, Causes of the War of Amerzean Independence, vol I. flI cr. A. de Lapradelle, op cat. p. xxx (and espeCIally note I), where an account IS given oflhe vogue ofVattel III No th America, espeCially after 1775. d-2 xlviii Translator's Introduction Nothing need here be said about the effects of the theory of Natural Law on the course of the French Revolution. It is a theme on which Gierke himself dwells. '* Nor need any words be said about the elements of natural-law theory which appear m Kant and Fichte.
Of that also Gierke himself has spoken. But there are two things which ought to be mentioned before we leave the School of Natural Law. One is that its views were not always explosive and anarclllcal, or even liberal and democratic. If there were some writers who made positive law a mere earthen vessel as compared with the solid iron of the law natural, there were others who gave the victory to positIve law, and others again who, in a spirit of happy optImism, beheved that the framers of positive law would be sure to follow the dictate~ of Nature and to avoid the pos~ibility of quarrel.
But it IS equally true that the 'moral person' and 'general will' of Rous~eau are ideas which transcend the limits of natural-law thought Romseau was a romantic before Romantlu~m; and hc preparcd the way for the new style of German thought which was to dIvlDlse the Folk-person, and to hIstorIcise law a~ the expreSSIOn in tIme of the general will or con, SclOUsn('~~ of nght whIch proceeds from that person HegelIanism and the Histoncal School of Law can find their nutriment 1n him, ifhe him~elffoundhis nutriment In the School of Natural Law; and whIle the springs of the past flow into his teaching, the springs of the future also issue from it.