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Translator’s Note


THE following extract is from the preface to the French translation of Dr. von Jhering’s essay. The author, in the course of his work, refutes the Savigny-Puchta theory of the origin of the law. To explain that theory more fully, he furnished the following to the French translator:

“Scarcely was Germany free from the wars of Napoleon I, than the desire to see the laws of the nation reduced to a code was manifested, and Thibaut, one of the most renowned legists of the period, publicly employed his eloquence to promote that end. There was nothing surprising in the fact that this wish did not find the least favor among the princes and governments of Germany. They were only too well aware of the necessity in which their interest placed them to preserve, as

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