See also:

• COMPARATIVE

COMPARATIVE See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• COMPARATIVE JURISPRUDENCE

JURISPRUDENCE  . The See also:

• OBJECT

object of this See also:

• ARTICLE (from Lat. articulus, a joint)

article is to give a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general survey of the study of the See also:

• EVOLUTION

evolution of See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law . It is not concerned with See also:

• ANALYTICAL

analytical See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• JURISPRUDENCE, COMPARATIVE

jurisprudence as a theory of legal thought, or an encyclopaedic introduction to legal teaching . Jurisprudence in such a philosophic or pedagogical sense has certainly to reckon with the methods and results of a See also:

• COMPARATIVE

comparative study of law, but its aims are distinct from those of the latter: it deals with more general problems . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, the comparative study of law may itself be treated in two different ways: it may be directed to a comparison of existing systems of legislation and law, with a view to tracing analogies and contrasts in the treatment of See also:

• PRACTICAL

practical problems and taking See also:

• NOTE
• NOTE (Lat. nota, mark, sign, from noscere, to know)

note of expedients and of possible solutions . Or else it may aim at discovering the principles regulating the development of legal systems, with a view to explain the origin of institutions and to study the conditions of their See also:

• LIFE

life . In the first sense, comparative jurisprudence resolves itself into a study of See also:

• HOME
• HOME, DANIEL DUNGLAS (1833-1886)
• HOME, EARLS OF

home and See also:

• FOREIGN

foreign law (cf . See also:

• HOFMANN, AUGUST WILHELM VON (1818-1892)
• HOFMANN, JOHANN CHRISTIAN KONRAD VON (1810—1877)
• HOFMANN, MELCHIOR (c. 1498—1543-4)

Hofmann in the Zeitschrift See also:

• FUR (connected with O. Fr. forre, a sheath or case; so " an outer covering ")

fur das private and offentliche Recht der Gegenwart, 1878) . In the second sense, comparative jurisprudence is one of the aspects of so-called See also:

• SOCIOLOGY

sociology, being the study of social evolution in the See also:

• SPECIAL

special domain of law . From this point of view it is, in substance, immaterial whether the legal phenomena subjected to investigation are See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient or See also:

• MODERN

modern, are See also:

• DRAWN

drawn from civilized or from See also:

• PRIMITIVE

primitive communities . The fact that they are being observed and explained as features of social evolution characterizes the inquiry and forms the distinctive attribute separating these studies from kindred subjects . It is only natural, however, that See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early periods and primitive conditions have attracted investigators in this See also:

• FIELD (a word common to many West German languages, cf. Ger. Feld, Dutch veld, possibly cognate with O.E. f olde, the earth, and ultimately with root of the Gr. irAaror, broad)
• FIELD, CYRUS WEST (1819-1892)
• FIELD, DAVID DUDLEY (18o5-1894)
• FIELD, EUGENE (1850-1895)
• FIELD, FREDERICK (18o1—1885)
• FIELD, HENRY MARTYN (1822-1907)
• FIELD, JOHN (1782—1837)
• FIELD, MARSHALL (183 1906)
• FIELD, NATHAN (1587—1633)
• FIELD, STEPHEN JOHNSON (1816-1899)
• FIELD, WILLIAM VENTRIS FIELD, BARON (1813-1907)

field more than See also:

• RECENT

recent developments .

The See also:

• INTEREST

interest of students seems to have stood in inverse ratio to-the See also:

• CHRONOLOGICAL

chronological vicinity of the facts under See also:

• CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration—the farther from the observer, the more suggestive and worthy of See also:

• ATTENTION (from Lat. ad-tendo, await, expect; the condition of being " stretched " or " tense ")

attention the facts were found to be . This peculiarity is easily explained if we take into See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account the tendency of all evolutionary investigations to obtain a view of origins in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to follow up the threads of development from their initial starting-point . Besides, it has been urged over and over again that the simpler phenomena of ancient and primitive society afford more convenient material for generalizations as to legal evolution than the extremely complex legal institutions of civilized nations . But there is no determined See also:

• LINE

line of See also:

• DIVISION (from Lat. dividere, to break up into parts, separate)

division between ancient and modern comparative jurisprudence in so far as both are aiming at the study of legal development . The law of See also:

• ISLAM

Islam or, for that See also:

• MATTER

matter, the See also:

• GERMAN
• GERMAN, DUTCH AND SCANDINAVIAN

German See also:

• CIVIL

civil See also:

• CODE (Lat. codex)

code, may be taken up as a subject of study quite as much as the code of Hammurabi or the See also:

• MARRIAGE

marriage customs of Australian tribes . The fact that the comparative study of legal evolution is chiefly represented by investigations of early institutions is therefore a characteristic, but not a necessary feature in the treatment of the subject . But it is essential to this treatment that it should be See also:

• HISTORICAL

historical and comparative . Historical, because it is only as See also:

• HISTORY

history, i.e. a sequence of stages and events, that development can be thought of . Comparative, because it is not the casual notices about one or the other See also:

• CHAIN (through the O. Fr. citable, chcene, &c., from Lat. catena)

chain of historical facts that can See also:

• SUPPLY (through Fr. from Lat. supplere, to fill up)

supply the basis for any scientific See also:

• INDUCTION (from Lat. inducere, to lead into; cf. Gr. ilrayu yli)

induction . Comparisons of kindred processes have to be made in order to arrive at any conception of their general meaning and scientific regularity . As linguistic See also:

• SCIENCE (Lat. scientia, from scire; to learn, know)

science differs from See also:

• PHILOLOGY

philology in so far as it treats of the general evolution of See also:

• LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language and not of particular See also:

• LANGUAGES

languages, even so comparative jurisprudence differs from the history of law as a study of general legal evolution distinct from the development of one or the other See also:

• NATIONAL

national See also:

• BRANCH (from the Fr. branche, late Lat. branca, an animal's paw)

branch of legal enactment . Needless to say that there are intermediate shades between these See also:

• GROUPS
• GROUPS, THEORY

groups, but it is not to these shades we have to attend, but to the See also:

• MAIN (from the Aryan root which appears in " may " and " might," and Lat. magnus, great)
• MAIN (Lat. Moenus)

main distinctions and divisions .

1 . The See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea that the legal enactments and customs of differentcountries should be compared for the purpose of deducing general principles from them is as old as See also:

• POLITICAL

political science itself . It was realized with especial vividness in epochs when a considerable material of observations was gathered from different See also:

• SOURCES

sources and in various forms . The See also:

• WEALTH

wealth of varieties and the recurrence of certain leading views in them led to comparison and to generalizations based on comparison . See also:

• ARISTOTLE
• ARISTOTLE (384-322 B.C.)

Aristotle, who lived at the See also:

• CLOSE
• CLOSE (from Lat. clausum, shut)
• CLOSE, MAXWELL HENRY (1822-1903)

close of a See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period marked by the growth of See also:

• FREE

free See also:

• GREEK
• GREEK, ETRUSCAN AND

Greek cities, summarized, as it were, their political experience in his Constitutions and Politics; students of these know that the Greek philosopher had to See also:

• DEAL

deal with not only public law and political institutions, but also to some extent private, criminal law, See also:

• EQUITY (Lat. aequitas)

equity, the relations between law and morals, &c . Another See also:

• GREAT

great See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt at comparative observation was made at the close of the pre-revolutionary period of modern See also:

• EUROPE

Europe . See also:

• MONTESQUIEU, CHARLES LOUIS DE SECONDAT, BARON DE LA BREDE ET DE (1689-1755)

Montesquieu took stock of the analogies and contrasts of law in the commonwealths of his See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time and tried to show to what extent particular enactments and rules were dependent on certain general currents in the life of See also:

• SOCIETIES, LEARNED

societies—on forms of See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government, on moral conditions corresponding to these, and ultimately on the See also:

• GEOGRAPHICAL

geographical facts with which various nationalities and states have to reckon in their development . These were, however, only slight beginnings, general forecasts of a coming line of thought, and Montesquieu's remarks on See also:

• LAWS

laws and legal customs read now almost as if they were meant to serve as materials for social utopias, although they were by no means conceived in this sense . At this distance of time we cannot help perceiving how fragmentary, incomplete and uncritical his notions of the facts of legal history were, and how strongly his thought was biased by didactic considerations, by the wish to See also:

• TEACH [THATCH OR THACH], EDWARD (d. 1718)

teach his contemporaries what politics and law should be . It was reserved for the 19th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century to come forward with connected and far-reaching investigations in this field as in many others . We are not deceived by proximity and self-consciousness when we affirm that comparative jurisprudence, as understood in these See also:

• INTRODUCTORY

introductory remarks, See also:

• DATES

dates from the 19th century and especially from its second See also:

• HALF

half . There were many reasons for such a new departure: two of these reasons have been especially See also:

• MANIFEST (Lat. manifestus, clear, open to view)

manifest and decisive .

The loth century was an eminently historical and an eminently scientific See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age . In the domain of history it may be said that it opened an entirely new vista . While, speaking roughly, before that time history was conceived as a narrative of memorable events, more or less skilful, more or less sensational, but appealing primarily to the See also:

• LITERARY

literary sense of the reader, it became in the course of the 19th century an See also:

• ENCYCLOPAEDIA

encyclopaedia of reasoned know-ledge, a means of understanding social life by observing its phenomena in the past . The immense growth of historical scholarship in that sense, and the transformation of its aims, can hardly be denied . Apart from the See also:

• PERSONAL

personal efforts of eminent writers, a great and general See also:

• MOVEMENT

movement has to be taken into account in order to explain this remarkable See also:

• STAGE (Fr. 6/age; from Lat. stare, to stand)

stage of human thought . The historic See also:

• BENT
• BENT (E1. BENI)
• BENT, JAMES THEODORE (1852–1897)

bent of mind of 19th-century thinkers was to a great extent the result of heightened political and cultural self-consciousness . It was the reflection in the See also:

• WORLD

world of letters of the tremendous upheaval in the states of Europe and See also:

• AMERICA

America which took See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place from the close of the 18th century onwards . As one of the greatest leaders of the movement, See also:

• NIEBUHR, BARTHOLD GEORG (1776–1831)
• NIEBUHR, KARSTEN (1733-1815)

Niebuhr, pointed out, the fact of being a See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness of such struggles and catastrophes as the See also:

• AMERICAN

American Revolution, the See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French Revolution, the See also:

• NAPOLEONIC

Napoleonic See also:

• EMPIRE

Empire and the national reaction against it, taught every one to think historically, to appreciate the importance of historical factors, to measure the force not only of logical See also:

• ARGUMENT

argument and moral impulse, but also of instinctive habits and traditional customs . It is not a matter of See also:

• CHANCE (through the O. Fr. cheance, from the Late Lat. cadentia, things happening, from cadere, to fall out, happen; cf. " case ")

chance that the historical school of jurisprudence, See also:

• SAVIGNY, FRIEDRICH KARL VON (1779–1861)

Savigny's See also:

• DOCTRINE

doctrine of the organic growth of law, was formed and matured while Europe collected its forces after the most violent revolutionary crisis it had ever experienced, and in most intimate connexion with the romantic movement, a movement animated by enthusiastic belief in the historical, traditional life of social groups as opposed to the intellectual conceptions of individualistic radicalism . On the other hand, the 19th century was a scientific age and especially an age of biological science . Former periods—the 26th and 17th centuries especially—had bequeathed to it high See also:

• STANDARDS

standards of scientific investigation, an ever-increasing See also:

• WEIGHT

weight of authority in the direction of an exact study of natural phenomena and a conception of the world as ruled by laws and not by capricious interference . But these scientific views had been chiefly applied in the domain of See also:

• MATHEMATICS (Gr. /saBnµar1Kil, Sc. vOcvn or E7rlQTt'µn; from p iN.La, "learning" or "science ")

mathematics, See also:

• ASTRONOMY (from Gr. &arpov, a star, and v ,usiv, to classify or arrange)

astronomy and physics; although great discoveries had already been made in See also:

• PHYSIOLOGY (from Gr. 4 i s, nature, and koyos, discourse)

physiology and other branches of See also:

• BIOLOGY (Gr. Qios, life)

biology, yet the achievements of 19th-century students in this respect far surpassed those of the preceding period .

And the doctrine of transformation which came to occupy the central place in scientific thought was eminently fitted to co-See also:

• ORDINATE

ordinate and suggest investigations of social facts . As F . See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York See also:

• POWELL, FREDERICK YORK (1850-1904)
• POWELL, GEORGE (c. 1658-1714)
• POWELL, JOHN WESLEY (1834–1902)
• POWELL, VAVASOR (1617-1670)

Powell put it, See also:

• DARWIN, CHARLES ROBERT (1809-1882)
• DARWIN, ERASMUS (1731-1802)

Darwin is the greatest historian of modern times, and certainly an historian not in the sense of a reader of See also:

• ANNALS (Annales, from annus, a year)

annals, but in that of a See also:

• GUIDE (in Mid. Eng. gyde, from the Fr. guide; the earlier French form was guie, English " guy," the d was due to the Italian form guida; the ultimate origin is probably Teutonic, the word being connected with the base seen in O. Eng. witan, to know)

guide in the under-See also:

• STANDING

standing of organic evolution . Though much is expressed in the one name of Darwin, it is perhaps even more momentous as a See also:

• SYMBOL (Gr. o-uµ(3oXov, a sign)

symbol of the tendency of a great age than as a See also:

• MARK
• MARK, CARL (1858– )
• MARK, GOSPEL OF ST
• MARK, ST

mark of personal See also:

• WORK

work . To this tendency we are indebted for the rise of See also:

• ANTHROPOLOGY (Gr. avOpw1ror man, and Xoyos, theory or science)

anthropology and of sociology, of the scientific study of See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man and of the scientific study of society . Of course it ought not to be disregarded that the application of scientific principles and methods to human and social facts was made possible by the growth of knowledge in regard to See also:

• SAVAGE
• SAVAGE, MINOT JUDSON (1841– )
• SAVAGE, RICHARD (d. 1743)

savage and half-civilized nations called forth by the increased activity of See also:

• EUROPEAN

European and American business men, administrators and explorers . Ethnography and See also:

• ETHNOLOGY

ethnology have brought some order into'the wealth of materials accumulated by generations of workers in this direction, and it is with their help that the far-reaching generalizations of modern inquirers as to man and society have been achieved . 2 . It is not difficult to see that the comparative study of legal evolution finds its definite place in a scientific See also:

• SCHEME (Lat. schema, Gr. oxfjya, figure, form, from the root axe, seen in exeiv, to have, hold, to be of such shape, form, &c.)

scheme elaborated from such points of view . Let us see how, as a matter of fact, the study in question arose and what its progress has been . The immediate incitement for the formation of comparative jurisprudence was given by the great discoveries of comparative philology . When the labours of See also:

• FRANZ, ROBERT (1815-1892)

Franz See also:

• BOPP, FRANZ (1791-1867)

Bopp, See also:

• AUGUST (originally Sextilis)

August See also:

• SCHLEICHER, AUGUST (1821-1868)

Schleicher, Max See also:

• MILLER, HUGH (1802–1856)
• MILLER, JOAQUIN (CINCINNATUS HEINE) (1841- )
• MILLER, JOE (JosEPH or JosIAS( (1684-1738)
• MILLER, SAMUEL FREEMAN (1816-1890)
• MILLER, WILLIAM (1782-1849)
• MILLER, WILLIAM (1795-1861)
• MILLER, WILLIAM (1796–1882)
• MILLER, WILLIAM HALLOWES (18o1–188o)

Miller, W .

D . See also:

• WHITNEY, ELI (1765-1825)
• WHITNEY, JOSIAH DWIGHT (1819-1896)
• WHITNEY, WILLIAM COLLINS (1841-1904)
• WHITNEY, WILLIAM DWIGHT (1827-1894)

Whitney and others revealed the profound connexion between the different branches of the Indo-European See also:

• RACE

race in regard to their languages, and showed that the development of these languages proceeded on lines which might be studied in a strictly scientific manner, on the basis of comparative observation and with the object of tracing the uniformities of the See also:

• PROCESS

process, it was natural that students of See also:

• RELIGION
• RELIGION, FOLKLORE, CUSTOM

religion, of folk-See also:

• LORE
• LORE, AMBROISE DE (1396-1446)

lore and of legal institutions took up the same method and tried to win similar results (See also:

• SIR

Sir H . See also:

• MAINE
• MAINE, ANNE LOUISE BENEDICTE DE BOURBON
• MAINE, SIR HENRY JAMES SUMNER (1822–1888)

Maine, Rede lecture in See also:

• VILLAGE

Village Communities, 3rd ed.) . It is interesting to note that one of the leading scholars of the Germanistic revival in the beginning of the 19th century, See also:

• JACOB
• JACOB, JOHN (1812-1858)

Jacob See also:

• GRIMM, FRIEDRICH MELCHIOR, I
• GRIMM, JACOB LUDWIG CARL (1785-1863)
• GRIMM, WILHELM CARL (1786-1859)

Grimm, a compeer of Savigny in his own line, took up with fervent zeal and remarkable results not only the scientific study of the German language, but also that of Germanic See also:

• MYTHOLOGY

mythology and popular law . His Rechtsalterthumer are still unrivalled as a collection of data as to the legal lore of See also:

• TEUTONIC
• TEUTONIC (GERMANIC) LANGUAGES

Teutonic tribes . Their basis is undoubtedly a narrow one: they treat of the varieties of legal See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom among the See also:

• CONTINENTAL

continental Germans, the Scandinavians and the Germanic tribes of Great See also:

• BRITAIN (Gr. Hperavuml vi7vot, Bperravia; Lat. Britannia, rarely Britannia)

Britain, but the method of treatment is already a comparative one . Grimm takes up the different subjects—See also:

• PROPERTY

property, See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract, See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure, See also:

• SUCCESSION (Lat. successio, from succedere, to follow after)

succession, See also:

• CRIME (Lat. crimen, accusation)

crime, &c.—and examines them in the See also:

• LIGHT

light of national, provincial and See also:

• LOCAL

local customs, sometimes noticing expressly See also:

• AFFINITIES

affinities with See also:

• ROMAN

Roman and Greek law (e.g. the subject of imprisonment for See also:

• DEBT (Lat. debitum, a thing owed)

debt, Rechtsalterthumer, 4th ed., vol. ii., p . 165) . A broader basis was taken up by a linguist who tried to trace the primitive institutions and customs of the early See also:

• ARYANS

Aryans before their separation into See also:

• DIVERS

divers branches . Adolphe Pictet (See also:

• LES

Les Origines indo-europeennes, i . 1859; ii . 1863) had to See also:

• TOUCH (derived through Fr. toucher from a common Teutonic and Indo-Germanic root, cf. " tug," " tuck," O. H. Ger. zucchen, to twitch or draw)

touch constantly on questions of See also:

• FAMILY

family law, marriage, property, public authority, in his attempt to reconstruct the See also:

• COMMON

common See also:

• CIVILIZATION

civilization of the See also:

• ARYAN

Aryan race, and he did so on the strength of a comparative study of terms used in the different Indo-European languages .

He showed, for instance, how the idea of See also:

• PROTECTION

protection was the predominant See also:

• ELEMENT (Lat. elementum)

element in the position of the See also:

• FATHER

father in the Aryan See also:

• HOUSEHOLD, ROYAL

household . The names pitar, ` See also:

• PATER, WALTER HORATIO (1839-1894)

pater, 1rariip, father, which recur in most branches of the Aryan race, go back to a See also:

• ROOT (late O.E. rot, adopted from Scand., cf. Norw. and Swed. rot, Dan. rod; the true O.E. word was wyrt, plant, represented in Ger. Wurz or Wurzel; the ultimate root is the same in both words, and is seen in Lat. radix)
• ROOT, ELIHU (1845– )

root pa-, pointing to guardianship or protection . Thus we are led to consider the patria potestas, so stringently formulated in Roman law, as an expression of a common Aryan notion, which was already in existence before the Aryan tribes parted See also:

• COMPANY

company and went their different ways . Descriptions of Aryan early culture have been given several times since in connexion with linguistic observations . An example is W . E . See also:

• HEARN, LAFCADIO (1850-1904)

Hearn's Aryan Household (1879) . Fustel de Coulanges' famous See also:

• VOLUME

volume on the ancient See also:

• CITY (through Fr. cite, from Lat. civitas)

city and See also:

• RUDOLF (otherwise known as Basso NOROK and Gannon)

Rudolf von See also:

• JHERING, RUDOLF VON (1818-1892)

Jhering's studies of primitive Indo-European institutions (Vorgeschichte der Indoeuropder) start from similar observations, although the first of these scholars is chiefly interested in tracing the See also:

• INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence of religion on the material arrangements of life, while the latter draws largely on principles of public and private law, studied more especially in Roman antiquity . 3 . The See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief work in that direction has been achieved in one sense by a German See also:

• SCHOLAR, SCHOLARSHIP

scholar, B . W . Leist .

His Graeco-Roman legal history, his See also:

• JUS

Jus Gentium of Primitive Aryans, and his Jus Civile of Primitive Aryans, See also:

• FORM (Lat. forma)

form the most See also:

• COMPLETE

complete and learned attempt not only to reconstitute the fundamental rules of common Aryan law before the separation of See also:

• TONGUES, GIFT OF, or GLOSSOLALIA (yXwova, tongue, aXeiv, speak)

tongues and nations, but also to trace the influence of this See also:

• ORIGINAL

original stock of juridical ideas in the later development of different branches of the Aryan race . These three books See also:

• PRESENT

present three stages of comparison, marked by a successive widening of the See also:

• HORIZON (Gr. 6pfTwv, dividing)

horizon . He began his legal history by putting together the data as to Roman and Greek legal origins; in the Alt-arisches Jus Gentium the material of See also:

• HINDU

Hindu law is not only drawn into the range of observation, but becomes its very centre; in the Alt-arisches Jus Civile the legal customs of the Zend branch, of Celts, Germans and Slays, are taken into account, although the most important See also:

• PART

part of the inquiry is still directed to the See also:

• COMBINATION (Lat. combinare, to combine)

combination of Hindu, Greek and Roman law . In this way Leist builds up his theories by the comparative method, but he restricts its use consciously and consistently to a definite range . He does not want to plunge into haphazard analogies, but seeks common ground before all things in order to be able to See also:

• WATCH (in O. Eng. wcecce, a keeping guard or watching, from wacian, to guard, watch, wacan, to wake)

watch for the See also:

• APPEARANCE (from Lat. apparere, to appear)

appearance of ramifications and to explain them . According to his view comparison is of use only between " coherent " lines of facts . Common origin, not similarity of features, appears to him as the fundamental basis for fruitful'comparison . It may be said that Leist's work is characterized by the attempt to draw up a continuous history of a supposed archaic common law of the Aryan race rather than to put different solutions of kindred legal problems by the See also:

• SIDE
• SIDE (mod. Eski Adalia)

side of each other . For him Aryan tribal organization with its See also:

• DOUBLE
• DOUBLE (from the Mid. Eng. duble, the form which gives the present pronunciation, through the Old Er. duble, from Lat. duplus, twice as much)

double-sided relationship—cognatic and agnatic—through men and through See also:

• WOMEN

women—is one, and although he does not draw its picture as Fustel de Coulanges does by the help of traits taken in-discriminately from Hindu, Roman and Greek material, although he notices divisions, degrees and See also:

• VARIATIONS
• VARIATIONS, CALCULUS
• VARIATIONS, CALCULUS OF

variations, at bottom he writes the history of one set of principles exemplified and modulated, as it were, in the six or seven main varieties of the race . Even so the nine rules of conduct prescribed by Hindu sacral law are, according to his view, the directing rules of Roman, Greek, Germanic, See also:

• CELTIC

Celtic, See also:

• SLAVONIC, OLD

Slavonic legal custom—the duties in regard to gods, parents and fatherland, guests, personal purity, the prohibitions against See also:

• HOMICIDE (Lat. homicidium)

homicide, See also:

• ADULTERY (from Lat. adulterium)

adultery and See also:

• THEFT

theft—are variations of one and the same religious, moral and legal See also:

• SYSTEM

system, and their original unity is reflected and proved by the unity of legal terminology itself . The same leading idea is embodied in the books of See also:

• OTTO

Otto See also:

• SCHRADER, EBERHARD (1836-1908)

Schrader—Urgeschichte and Sprachvergleichung (1st ed., 1883; 2nd ed., 189o) and Reallexikon der indogermanischen Altertumskunde (1901) . In this See also:

• CASE
• CASE, JOHN (d. 1600)

case we have to do not with a jurist but with a linguist and a student of cultural history .

His training made him especially See also:

• FIT

fit to trace the national affinities in the data of language, and the sense of the intimate connexion between the growth of institutions on one side, of words and linguistic forms on the other, underlies all his investigations . But Schrader testifies also to another powerful influence—to that of See also:

• VICTOR
• VICTOR, GAIUS JULIUS (4th cent. A.D.)
• VICTOR, SEXTUS AURELIUS

Victor Hehn, the author of a remarkable See also:

• BOOK

book on early civilization, Kulturpflanzenund Hausthiere in ihrem Uber gang aus Asien in See also:

• EUROPA (or rather, EUROPE)

Europa (1st ed., 1870; 7th ed., 1902), dealing with the migrations of tribes and their modes of acquiring material civilization . Although the linguistic and archaeological sides naturally pre-dominate in Schrader's See also:

• WORKS

works, he has constantly to consider legal subjects, and he strives conscientiously to obtain a clear and common-sense view of the early legal notions of the Aryans . Speaking of the " ordeals," the " waging of See also:

• GOD

God's law," for example, he traces the customs of See also:

• PURIFICATION

purification by See also:

• FIRE (in O. Eng. f j'r; the word is common to West German languages, cf. Dutch vuur, Ger. Feuer; the pre-Teutonic form is seen in Sanskrit pu, pavaka, and Gr. irup; the ultimate origin is usually taken to be a root meaning to purify, cf. Lat. purus)

fire, See also:

• WATER

water, See also:

• IRON [symbol Fe, atomic weight 55.85 (0=16)]

iron, &c., to the practice of oaths (Sans. am; Gr . 6Mvu a; O . Ital. omr = first See also:

• GROUP

group; O . Ger. aips, Ir . Oeth = second group; O . Norse See also:

• ROTA, COURT OF

rota, See also:

• ARM (a common Teutonic word; the Indo-European root is ar, to join or fit; cf. the Lat. armus, shoulder, and the plural word arma, weapons, Gr. apphs, joint, and the reduplicated apapilKSV, to join)

Arm. erdnum = I swear = third group) . The central idea of the See also:

• ORDEAL (O.Eng. ordal, ordael, judgment)

ordeal is thus shown to be the imprecation—" Let him be cursed whose assertion is false." The comparative study of the Aryan group assumed another aspect in the works of Sir See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry Maine . He did not rely on linguistic affinities, but made great use of another element of investigation which plays hardly any part in the books of the writers mentioned hitherto . His best personal preparation for the task was that he had not only taught law in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, but had come into contact with living legal customs in See also:

• INDIA
• INDIA, FRENCH

India .

For him the comparison between the legal lore of See also:

• ROME
• ROME (Roma)

Rome and that of India did not depend on linguistic roots or on the philological study of the laws of Manu, but was the result of recognizing again and again, in actual modern custom, the views, rules and institutions of which he had read in See also:

• GAIUS

Gaius or in the fragments of the Twelve Tables . The sense of historical See also:

• ANALOGY (Gr. avaXo-yLa, proportion)

analogy and evolution which had shown itself already in the lectures on Ancient Law, which, after all, were mainly a presentment of Roman legal history mapped out by a man of the world, averse from pedantic disquisitions . But what appears as the expression of Maine's personal aptitude and intelligent See also:

• READING

reading in Ancient Law gets to be the See also:

• INTERPRETATION (from Lat. interpretari, to expound, explain, inter pres, an agent, go-between, interpreter; inter, between, and the root pret-, possibly connected with that seen either in Greek 4 p4'ew, to speak, or irpa-rrecv, to do)

interpretation of popular legal principles by modern as well as by ancient instances of their application in Village Communities, The Early History of Institutions, Early Law and,Custom . The evolution of property in See also:

• LAND

land out of archaic See also:

• COLLECTIVISM

collectivism, ancient forms of contract and compulsion, rudimentary forms of See also:

• FEUDALISM
• FEUDALISM (from Late Lat. feodum or feudum, a fee or fiel; see FEE)

feudalism and the like, were treated in a new light in consequence of systematic comparisons with the conditions not only of India but of See also:

• SOUTHERN

southern Slavonic nations, See also:

• MEDIEVAL

medieval celts and Teutons . This breadth of view seemed startling when the lectures appeared, and the original treatment of the subject was hailed on all sides as a most welcome new departure in the study of legal customs and institutions . And yet Maine set very definite boundaries to his comparative surveys . He renounced the chronological See also:

• LIMITATION, STATUTES OF

limitation confining such inquiries to the domain of antiquaries, but he upheld the ethnographical limitation confining them to laws of the same race . In his case it was the Aryan race, and in his Law and Custom he opposed in a determined manner the attempts of more daring students to extend to the Aryans generalizations drawn from the life of savage tribes unconnected with the Aryans by See also:

• BLOOD

blood . Thus, notwithstanding all diversities in the treatment of particular problems, one leading methodical principle runs through the works of all the above-mentioned exponents of comparative study . It was to proceed on the basis of common origin and on the See also:

• ASSUMPTION, FEAST OF

assumption of a certain common stock of language, religion, material culture, and law to start with . What Pictet, Leist, Schrader, and Maine were doing for the Aryans, F . Hommel, See also:

• ROBERTSON, FREDERICK WILLIAM (1816-1853)
• ROBERTSON, GEORGE CROOM (1842-1892)
• ROBERTSON, JOSEPH (1810-1866)
• ROBERTSON, THOMAS WILLIAM (1829-1871)
• ROBERTSON, WILLIAM BRUCE (182o-1886)

Robertson See also:

• SMITH
• SMITH, ADAM (1723–1790)
• SMITH, ALEXANDER (183o-1867)
• SMITH, ANDREW JACKSON (1815-1897)
• SMITH, CHARLES EMORY (1842–1908)
• SMITH, CHARLES FERGUSON (1807–1862)
• SMITH, CHARLOTTE (1749-1806)
• SMITH, COLVIN (1795—1875)
• SMITH, EDMUND KIRBY (1824-1893)
• SMITH, G
• SMITH, GEORGE (1789-1846)
• SMITH, GEORGE (184o-1876)
• SMITH, GEORGE ADAM (1856- )
• SMITH, GERRIT (1797–1874)
• SMITH, GOLDWIN (1823-191o)
• SMITH, HENRY BOYNTON (1815-1877)
• SMITH, HENRY JOHN STEPHEN (1826-1883)
• SMITH, HENRY PRESERVED (1847– )
• SMITH, JAMES (1775–1839)
• SMITH, JOHN (1579-1631)
• SMITH, JOHN RAPHAEL (1752–1812)
• SMITH, JOSEPH, JR
• SMITH, MORGAN LEWIS (1822–1874)
• SMITH, RICHARD BAIRD (1818-1861)
• SMITH, ROBERT (1689-1768)
• SMITH, SIR HENRY GEORGE WAKELYN
• SMITH, SIR THOMAS (1513-1577)
• SMITH, SIR WILLIAM (1813-1893)
• SMITH, SIR WILLIAM SIDNEY (1764-1840)
• SMITH, SYDNEY (1771-1845)
• SMITH, THOMAS SOUTHWOOD (1788-1861)
• SMITH, WILLIAM (1769-1839)
• SMITH, WILLIAM (c. 1730-1819)
• SMITH, WILLIAM (fl. 1596)
• SMITH, WILLIAM FARRAR (1824—1903)
• SMITH, WILLIAM HENRY (1808—1872)
• SMITH, WILLIAM HENRY (1825—1891)
• SMITH, WILLIAM ROBERTSON (1846-'894)

Smith and others did in a lesser degree for the Semitic race .

4 . The literary group which started from the discoveries of comparative philology and history was met on the way by what may be called the ethnological school of inquirers . The original impetus was given, in this case, by jurists and historians whotook up the study in the field of ancient history, but treated it from the beginning in such a way as to break up the subdivisions of historic races and to See also:

• DIRECT

direct the inquiry to a See also:

• STATE
• STATE, GREAT OFFICERS OF

state of culture best illustrated by savage customs . The first impulse may be said to have come from J . J . Bachofen (Mutterrecht, 1861; Antiquarische Briefe, 188o; See also:

• DIE
• DIE (Fr. de, from Lat. datum, given)

Die See also:

• SAGE, RUSSELL (1816-1906)

Sage von See also:

• TANAQUIL

Tanaquil) . All the representatives of Aryan antiquities are at one in laying stress on the patriarchal and agnatic system of the kindreds in the different Aryan nations; even Leist, although dwelling on the importance of cognatic ties, looks to agnatic relationship for the explanation of military organization and political authority . And undoubtedly, if we argue from the predominant facts and from the linguistic See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence of parallel terms, we are led to assume that already before their separation the Aryans lived in a patriarchal state of society . Now, Bachofen discovered in the very tradition of classical antiquity traces of a fundamentally different state of things, the central conception of which was not patriarchal See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power, but maternity, relationship being traced through mothers, the wife presenting the See also:

• CONSTANT, BENJAMIN (1845-1902)

constant and directing element of the household, while the See also:

• HUSBAND

husband (and perhaps several husbands) joined her from time to time in more or less inconstant unions . Such a state of society is definitely described by See also:

• HERODOTUS (c. 484-425 B.C.)

Herodotus in the case of the Lycians, it is clearly noticeable even in later historical times in See also:

• SPARTA (Gr. Eirapril or AaKe5atycav)

Sparta; the passage from this matriarchal conception to the recognition of the claims of the father is reflected in poetical fiction in the famous See also:

• ORESTES

Orestes myth, based on the struggle between the moral incitement which prompted the son to avenge his father and the See also:

• ABSOLUTE (Lat. absolvere, to loose, set free)

absolute reverence for the See also:

• MOTHER

mother required by ancient law . Although chiefly See also:

• DRAWING

drawing his materials from classical literature, Bachofen included in his Antiquarian Letters an interesting study of the marriage custom and systems of relationship of the See also:

• MALABAR

Malabar See also:

• COAST (from Lat. costa, a rib, side)

Coast in India; they attracted his attention by the contrasts between different layers of legal tradition—the Brahmans living in patriarchal order, while the class next to them, the Nayirs (Nairs), follow rules of matriarchy . Similar ideas were put forward in a more comprehensive form by J .

F . McLennan . His early volume (Studies in Ancient History, 1876) contains several essays published some time before that date . He starts from the wide occurrence of marriage by See also:

• CAPTURE (from Lat. capere, to take; Fr. prise maritime; Ger. Wegnahme)

capture in primitive societies, and groups the tribes of which we have definite knowledge into endogamous and exogamous societies according as they take their wives from among the kindred or outside it . Marriage by capture and by See also:

• PURCHASE

purchase are signs of See also:

• EXOGAMY (Gr. few, outside; and yaµor, marriage)

exogamy, connected with the custom in many tribes of killing See also:

• FEMALE

female offspring . The development of marriage by capture and purchase is a powerful See also:

• AGENT (from Lat. agere, to act)

agent in bringing about patriarchal See also:

• RULE

rule, agnatic relationship, and the formation of clans or gentes, but the more primitive forms of relationship appear as variations of systems based on mother-right . These views are supported by ethnological observations and used as a See also:

• CLUE

clue to the history of relationship and family law in ancient See also:

• GREECE

Greece . In further contributions published after McLennan's See also:

• DEATH

death these researches are supplemented'and See also:

• DEVELOPED

developed in many ways . The peculiarities of exogamous societies, for instance, are traced back to the even more primitive practice of See also:

• TOTEMISM

Totemism, the grouping of men according to their conceptions of See also:

• ANIMAL
• ANIMAL (Lat. animalis, from anima, breath, soul)

animal See also:

• WORSHIP (i.e. " worth-ship," O. Eng. weor8scipe)

worship and to their symbols . McLennan's line of inquiry was taken up in a very effective manner not only by anthropologists like E . B . See also:

• TYLOR, EDWARD BURNETT (1832- )

Tylor or A .

See also:

• LANG, ANDREW (1844— )
• LANG, KARL HEINRICH, RITTER VON (1764-1835)

Lang, but also in a more special manner by students of primitive family law . One of. the most brilliant monographs in this direction is Robertson Smith's study of Kinship and Marriage in See also:

• ARABIA

Arabia . But perhaps the most decisive influence was exercised on the development of the ethnological study of law by the discoveries of an American, See also:

• LEWIS, HENRY CARVILL
• LEWIS, JOHN FREDERICK (180 1876)
• LEWIS, MATTHEW GREGORY (1775-1818)
• LEWIS, MERIWETHER (1774-1809)
• LEWIS, SIR GEORGE CORNEWALL, BART

Lewis H . See also:

• MORGAN
• MORGAN, DANIEL (1736-1802)
• MORGAN, EDWIN DENNISON (1811-1883)
• MORGAN, JOHN HUNT (1825-1864)
• MORGAN, JOHN PIERPONT (1837–1913)
• MORGAN, LEWIS HENRY (1818-1881)
• MORGAN, SYDNEY, LADY (c. 1783-1859)
• MORGAN, THOMAS (d. 1743)

Morgan . In his See also:

• EPOCH (Gr. E7roxij, holding in suspense, a pause, from E1rxav, to hold up, to stop)

epoch-making works on Systems of See also:

• CONSANGUINITY, or KINDRED

Consanguinity (1869) and on Ancient Society (1877) he See also:

• DREW
• DREW, SAMUEL (1765-1833)

drew attention to the remarkable fact that in the case of a number of tribes—the Red See also:

• INDIANS, NORTH AMERICAN

Indians of America, the Australian See also:

• BLACK
• BLACK, ADAM (1784-1874)
• BLACK, JEREMIAH SULLIVAN (1810–1883)
• BLACK, WILLIAM (1841-1898)

black tribes, some of the polar races, and several See also:

• ASIATIC

Asiatic tribes, mostly of Turanian race—degrees of relationship are reckoned and distinguished by names, not as ties between individuals, but as ties between entire groups, classes or generations . Instead of a mother and a father a man speaks of fathers and mothers; all the individuals of a certain group are deemed husbands or wives of corresponding individuals of another group; sisters and See also:

• BROTHERS, RICHARD (1757-1824)

brothers have to be sought in entire generations, and not among the descendants of a definite and common See also:

• PARENT, SIMON NAPOLEON (1855– )

parent, and so forth . There are variations and types in these forms of organization, and intermediate links may be traced between unions of consanguine See also:

• PEOPLE

people—brothers and sisters of the same blood—on the one hand, and the monogamic marriage prevailing nowadays, on the other; but the central and most striking fact seems to be that in early civilizations, in conditions which we should attribute to savage and See also:

• BARBARIAN (Gr. fap/3apos)

barbarian life, marriage appears as a tie, not between single pairs, but between classes, all the men of a class being regarded as potential or actual husbands of the women of a corresponding class . Facts of this See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind produce very See also:

• PECULIAR

peculiar and elaborate systems of relationship, which have been copiously illustrated by Morgan in his tables . In his Ancient Society he attempted to reduce all the known forms and facts of marriage and kinship arrangements to a comprehensive view of evolution leading up to the Aryan, Semitic and Uralian family, as exhibiting the most modern type of relationship . These observations, in See also:

• CONJUNCTION (from Lat. conjungere, to join together)

conjunction with Bachofen's and McLennan's teaching on mother-right, brought about a complete See also:

• CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change of See also:

• PERSPECTIVE (Lat. peespicere, to see through)

perspective in the comparative study of man and society . The rights of ethnologists to have their say in regard to legal, political and social development was forcibly illustrated from both ends, as it were . On the one hand, classical antiquity itself proved to be a rather thin layer of human civilization hardly sufficient to conceal the See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long periods of barbarism and primitive evolution which had gone to its making .

On the other hand, unexpected combinations in regard to family, property, social order, were discovered in every corner of the inhabited world, and our trite notions as to the See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character of laws and institutions were reduced to the See also:

• RANK (O.Fr. rant or rent, mod. rang, generally connected with the O.E. and O.H.G. bring, a ring)

rank of variations on themes which recur over and over again, but may be and have been treated in very different ways . There is no need to speak of the use made of ethnological material in the wider range of anthropological and sociological studies—the works of Tylor, Lubbock, Lippert, See also:

• SPENCER
• SPENCER, HERBERT (1820-1903)
• SPENCER, JOHN CHARLES SPENCER, 3RD EARL (1782-1845)
• SPENCER, JOHNPOYNTZ SPENCER
• SPENCER, WILLIAM ROBERT (1769-1834)

Spencer are in everybody's hands—but attention must be called to the further influence of the ethnological point of view in comparative jurisprudence . An interesting example of the passage from one line of investigation to another, from the historical to the anthropological line, if the expression may be used for the See also:

• SAKE

sake of brevity, is presented in the works of one of the founders of the Zeitschrift fur vgl . Rechtswissenschaft—Franz Bernhoft . He appears in his earlier books as an exponent of the comparative study of Greek and Roman antiquities, more or less in the See also:

• STYLE
• STYLE (from Gr. a-6'1ms, a column; a different word from that used in literature, see below)

style of Leist . Like the latter he was gradually incited to draw India into the range of his observations, but unlike Leist, he ended by fully recognizing the importance of ethnological evidence, and although he did not do much original See also:

• RESEARCH (O. Fr. recerche, from recercher, re- and cercer, mod. chercher, to search; Late Lat. circare, to go round in a circle, to explore)

research in that direction himself, the influence of Bachofen and of the ethnologists made itself See also:

• FELT (cognate with Ger. Filz, Du. vilt, Swed. and Dan. fill; the root is unknown; the word has given Med. Lat. filtrum, " filter ")

felt in Bernhoft's treatment of classical antiquity itself: in his State and Law in Rome at the Time of the See also:

• KINGS, FIRST AND SECOND BOOKS OF

Kings he starts from the view that See also:

• PATRICIANS (Lat. patricius, an adjectival form from pater, father; not, as some say, from pater and ciere, to call)

patricians and plebeians represent two ethnological layers of society—a patriarchal Aryan and a matriarchal pre-Aryan one . But, of course, the utmost use was made of ethnological evidence by writers who cut themselves entirely free from the special study of classical or European antiquities . The See also:

• ENTHUSIASM

enthusiasm of the explorers of new territory led them naturally to disregard the peculiar claims of European development in the history of higher civilization . They wanted material for a study of the genus homo in all its varieties, and they had no time to look after the See also:

• MINUTE
• MINUTE (Lat. minutes, small; minuere, to make less)

minute questions of philological and antiquarian research which had so long constituted the daily See also:

• BREAD

bread of inquirers into the history of laws . The most characteristic representative of the new methods of extensive comparison was undoubtedly A . H . See also:

• POST

Post (1839-1895)—the author of many works,in which he ranges over the whole domain of mankind—Hovas, Zulus, Maoris, See also:

• TUNGUSES

Tunguses, alternating in a kaleidoscopic See also:

• FASHION (adapted from Fr. facon, agon, Lat. factio, making, facere, to do or make)

fashion with See also:

• HINDUS

Hindus, Teutons, See also:

• JEWS
• JEWS (Heb. Y8hudi, man of Judah; Gr. 'Iovbaiot; Lat. Judaei)

Jews, Egyptians .

The order of his compositions is systematic, not chronological or even ethnographical in the sense of grouping kindred races together . He takes up the different subdivisions of law and traces them through all the various tribes which present any data in regard to them . His method is not only not See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound by history, it is opposed to it . He writes " The method of comparative ethnology is different from the historical method, inasmuch as it collects the given material from an entirely distinct point of view . Historical investigation tries to get at the causes of the facts of rational life by observing the development of these facts from such as preceded them within the range of See also:

• SEPARATE

separate kindreds, tribes and peoples . The investigation of comparative ethnology inquires after the causes of facts in national life by See also:

• COLLECTING

collecting identical or similar ethnological data wherever they may be found in the world, and by drawing inferences from these materials to identical or similar causes . This method is therefore quite unhistorical . It severs things that have been hitherto regarded as closely joined and arranges these shreds into new combinations " (Grundriss, i . 14) . This is not a See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere See also:

• PARADOX (Gr. treat, beyond, contrary to, Sofia, opinion)

paradox, but the necessary outcome of the situation in respect of the material used . What is bei