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Professor Gareis’s Introduction to the Science of Law fined it, even though it may be hard to determine whether his treatise, as actually executed, is to be classed as a
work of jurisprudence in the broad or in the special sense.2 Sir Frederick Pollock says that legal science, in its widest extent, falls into
two great divisions, namely, the Theory of Legislation or Final Jurisprudence, and Jurisprudence Proper. The latter in its turn falls into two fundamental
to arrangements made on a difi‘erent
plan. Korkunov has sketched the his tory of nent andlegal hasencyclopedia argued with ongreat the Conti— clear ness what are its shortcomings as a
distinct science.‘ He maintains that encyclopedia has failed to realize the high hopes entertained of it by Schelling and Hegel, because, as a science of legal sciences, it has had no special matter to
divisions, the Theory of Positive Law,
work upon apart from the matter of the law. It has been primarily a review of
and “the learning of lawyers in the
existing law, with its attention directed
special sense."3
mainly toward exposition rather than
By the Theory of Posi
tive Law he means the study of the
toward philosophical investigation. Even
form of law, "showing us the gen
those writers who have employed ency clopedia most scientifically, says Kor
eral characters of existing laws and legal institutions," and he thus seems to
kunov, with a reference to Gareis, have
accept Prof. Holland's distinction with
laid greater stress on a review of special juridical matters than on a
out committing himself to his termi
nology. By “the learning of lawyers in the special sense" it is plain that he means Special Jurisprudence as I have defined it. His term “Theory of Posi tive Law" however, seems needlessly
ceed in establishing itself as an inde pendent science, as Korkunov contends,
broad, when we find him, a moment later, subdividing the special science of
raises a question which has many side issues. Encyclopedia, "a circle of sci
law into a theoretical and a practical branch. The term General Jurispru dence would be more specific. Whether
ences," implies no particular method of investigation, but a combination of vari ous methods. Gareis, for instance, indi cates three possible methods of inquiry. In the fullest sense of the term, "encyclo
the Theory of Legislation should be con sidered as included, partly at least,
within General Jurisprudence, need not here concern us.
There is another term which suggests itself in this connection as possibly applicable to General Jurisprudence, and
general treatment of jurisprudence.
Whether encyclopedia is based on a visionary conception and cannot suc
pedia" would necessarily mean the fusion of all special methods for the realization of one general aim. But the internal and external methods of study of the law will not blend, unless the subject
that is the word “encyclopedia," as used
matter studied is identical.
not in Anglo-American legal literature but in that of the Continent. "Ency clopedia" suggests first of all an alpha
sense of a fixed formula is one thing,
betical arrangement of the material of
the law, but the term has been applied ‘Sir Frederick Pollock is inclined to take issue with Professor Holland as to the practicability of a science of the "grammar" of the law. See Essays in Jurisprudence and Ethics. pp. 7 a seq. ‘Essays in Jurisprudence and Ethics. p. 262.
Law in the
and law as a product of social forces is another. Any attempt to mingle the general science of law with the specialized science of the content of the law is like trying to mix oil with water - the two elements cannot be combined. We are apt, therefore, to find the encyclopedists ‘Theory of Law. pp. 9 et seq.
