Description: Preface may well be cut short: I should merely like to explain why I have undertaken a most complicated task. In the course of my legal and historical studies great problem has presented itself over and over again the problem of the relation between conditions and efforts, between aims and fate. It is in the sphere of law that this problem assumes its most definite aspect. Law, both customary and enacted, is intended to be a direction of conduct, but its actual application is a compromise between intentions and circumstances. As Aristotle has put it, we have to take account in human affairs both of what is desirable and of what is possible. From this point of view, attempts to arrange society on reasonable lines culminate in conceptions of jurisprudence, while, on the other hand, all theories of jurisprudence have necessarily to start from some basis of given fact. Some knowledge of historical jurisprudence is needed by historians, because it helps to arrange the data of political and social life in accordance with consistent schemes of law. For lawyers historical jurisprudence is the best introduction to the social interpretation of the innumerable technical rules and doctrines of their profession. Unfortunately collaboration between jurists and historians, though highly desirable, is not often achieved in practice. Historians have not yet come to realize that private law may be more important for social development than constitutional arrangements. And as for lawyers, they often have to be content with the stereotyped statements of more or less antiquated textbooks. There is nothing for it but to step into the breach in the hope of reopening the discussion. A task of this kind is naturally beset with great difficulties. (Typographical errors above are due to OCR software and don't occur in the book.) About the Publisher Forgotten Books is a publisher of historical writings, such as: Philosophy,
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