The Development of Law

Abstract

The acceptance of the view that the basis of authority lies in the sense of right has an importance for the development of law that can be understood only by contrasting this view with two others which for a long time checked and obstructed the growth of law and which to some extent continue to do so even yet. One of these views is marked by the high value which is set upon the historical process; the other emphasizes the share which intellect has in the development of law. The former regards the development of law as mainly an instinctive process which goes on outside consciousness; the latter regards the making of law as primarily an intellectual operation.