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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.