49. Of these, and their psychological laws the jurist must, therefore, if he would truly understand his time, and influence it beneficially, take cognizance, as well as of the doctrines of natural right and natural morality which our inquiry has shown to be not the first but--in so far as hope in the realization of a complete ideal may be cherished at all--will be the last in the history of the development of law and morality.
Thus the near relationships of jurisprudence and politics of which Leibnitz spoke, become evident in their full range.
Plato has said: “It will never be well with the state until the true philosopher is king, or kings philosophize rightly.” In our constitutional times we should express ourselves better by saying that there will never be a change for the better regarding the many evils in our national life until the authorities, instead of abolishing the limited philosophical culture required for law students by the existing regulations, shall rather strive hard to secure that for their noble profession they shall really receive an adequate philosophical culture.
[1] (_p. 2_). Cf. “Über die Entstehung des Rechtsgefühls.” Lecture by Dr. Rudolf von Ihering, delivered before the Vienna Law Society, March 12, 1884 (_Allgem. Juristenzeitung_, 7 Jahrg., No. 11 seq., Vienna, March 16-April 13, 1884). Cf. further, v. Ihering, _Der Zweck im Recht_, vol. ii. Leipzig, 1877-83.
[2] (_p. 2_). For the first point, cf. _Allgem. Juristenzeitung_, 7 Jahrg. p. 122 seq., _Zweck im Recht_, vol. ii. p. 109 seq. For the second point _Allgem. Juristenzeitung_, 7 Jahrg. p. 171, _Zweck im Recht_, pp. 118-123. It is here denied that there is any absolutely valid ethical rule (pp. 118, 122 seq.); further every “psychological” treatment of ethics, according to which ethics is represented “as twin sister of logic” is contested.
[3] (_p. 4_). _Allgem. Juristenzeitung_, 7 Jahrg., p. 147; cf. _Zweck im Recht_, vol. ii. p. 124 seq.
[4] (_p. 4_). Aristotle, _Politics_, i. 2, p. 1252 b. 24.
[5] (_p. 4_). Cf. e.g. _Allgem. Juristenzeitung_, 7 Jahrg. p. 146.
[8] (_p. 6_). Amongst the numerous adherents of this view and one of its best advocates is J. S. Mill in his _Utilitarianism_, chap. iii.