This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... Section 64. The Scientific Study of Law Ihbring. Geist dcs romischen Rechtft. II. 2 Abth. 3 Auf. 1875. s. 309-389. Kokki Nov. Scientific Study of Law. Journal of Civil and Criminal Law, 1882, No. 4, pp. 1-29, and No. 5, pp. 194-195. Interpretation explains the meaning of different legal rules If such ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... Section 64. The Scientific Study of Law Ihbring. Geist dcs romischen Rechtft. II. 2 Abth. 3 Auf. 1875. s. 309-389. Kokki Nov. Scientific Study of Law. Journal of Civil and Criminal Law, 1882, No. 4, pp. 1-29, and No. 5, pp. 194-195. Interpretation explains the meaning of different legal rules If such meaning is not understood the rule can get no application. So, interpretation is an indispensable condition for the application of legal rules, but interpretation alone does not answer. It cannot give complete meaning to the law. Interpretation, in the first place, being the explanation of a single meaning of the indicated rule is connected too intimately with the law of a given country and a given time. When we need to apply a foreign law, or even a newly promulgated law of our own country, the interpretation of the old laws is useless. If the study of law were limited solely to interpretation, the jurist of each state and each new generation would be compelled to begin anew the complete study of law, for laws change more than once in the course of a single generation. Despite the variety and number of changes in the law, there are permanent elements, or at least some so stable that they do not change at the same time with any definite new legislation. Legal rules as to relations change much more quickly than the relations themselves and their fundamental elements. For this reason, if we accept as the basis of legal studies not legal rules, as happens in interpretation, but legal relations, we shall get more stable and solid conclusions. Another consideration, too, leads to the preference for the study of relations over that of the interpretation of rules. We have seen that legal rales cannot be considered separately, even for the purpose...
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