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THE METHOD OF PHILOSOPHY

power in systems of jurisprudence other than our own. They have combated an evil which has touched the common law only here and there, and lightly. I do not mean that there are not fields where we have stood in need of the same lesson. In some part, however, we have been saved by the inductive process through which our case law has developed from evils and dangers inseparable from the development of law, upon the basis of the jus scriptum, by a process of deduction.[1] Yet even continental jurists who emphasize the need of other methods, do not ask us to abstract from legal principles all their fructifying power. The misuse of logic or philosophy begins when its method and its ends are treated as supreme and final. They can never be banished altogether. "Assuredly," says François Gény,[2] "there should be no question of banishing ratiocination and logical methods from the

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  1. "Notre droit public, comme notre droit privé, est un jus scriptum" (Michoud, “La Responsibilité de l'état à raison des fautes de ses agents," Revue du droit public, 1895, p. 273, quoted by Gény, vol. I, p. 40, sec. 19)
  2. Op. cit., vol. I, p. 127, sec. 61.