These populations no longer possessed a soul. Consequently they could

no longer have a history proper to themselves. At best they might acquire

some significance重大意義 as an object in the history of an alien Culture,?

and whatever deeper meaning this relation possessed would be derived?

entirely from the will of the alien Life.?

-

Any effective historical happening that does take place on?

the soil of an old Civilization acquires its consistency★一致性/連貫性 as a

course進程 of events from elsewhere and never from any part?

played in it by the man of that soil.?

-

And so once again we find ourselves regarding the phenomenon of?

“world history” under the two aspects — life courses of the

great Cultures and relations between them.

==ORIGIN AND LANDSCAPE (C) THE RELATIONS BETWEEN THE CULTURES:==

Now, it was a fact of decisive significance for the Classical?

jurisprudence法理學 that it was always the product of immediate

public experience — and, moreover, not the professional experience?

of the jurists, but the practical everyday experience of men who?

counted in political and economic life generally.?

The Romans were here neither systematists nor

historians nor theorists, but just splendidly practical.

-

Their jurisprudence is an empirical /?m?p?r?kl/ 以觀察或?qū)嶒灋橐罁?jù)的?

science of individual cases, a refined technique, and not in the

least a structure of abstractions.

Roman law in its whole development is an individual city law, one amongst?

hundreds of such, and Greek law as a unity never existed at all.?

★divine 神圣的/占卜 v.?

Now, legal thought is forced to attach★附著 itself to something?

tangible — there must be something before it can abstract its?

concepts; it must have something from which to abstract.

-

And it was the misfortune of Western jurisprudence法理學 that, instead of?

quarrying采集 in strong, firm custom of social and economic life,?

it abstracted prematurely過早地/貿(mào)然地 and in a hurry from Latin writings.

-

The Western jurist became a philologist, and practical experience?

of life was replaced by scholarly experience in the purely logical?

separation and disposition of legal concepts on self-contained foundations.

-

Owing to this, we have been completely cut off from touch?

with the fact that private law is meant to represent the?

social and economic existence of its period.

★★★ deduce 推論/演繹出

Are persons and things, in the sense of present day legislation,

law concepts at all? No! They merely serve to draw the ordinary distinction,

the zoological關于動物的 distinction★特征, so to say, between man and the rest.?

It must be emphasized then — and with all rigor嚴格 — that Classical law

was a law of bodies, while ours is a law of functions.?

-

The Romans created a juristic法學的 statics; our task is juristic dynamics.?

-

For us persons are not bodies,but units of force and will; and things?

are not bodies, but aims, means, and creations of these units.

For a Roman the slave was a thing which produced new things. A writer like?

Cicero could never have conceived of “intellectual property,” let alone?

property in a practical實際的 notion or in the potentialities of talent;?

-

for us, on the contrary, ★:the organizer or inventor or promoter贊助人 is a?

generative有生產(chǎn)力的 force which works upon other, executive, forces, by giving?

direction, aim, and means to their action.Both belong to economic?

life, not as possessors of things, but as carriers載體 of energies.

Our whole social,economic, and technical life is waiting to be understood,?

at long last, in this wise. We shall need a century and more of keenest熱衷的?

and deepest thought to arrive at the goal. And the prerequisite先決條件 is a?

wholly new kind of preparatory預備的 training in the jurist. It demands:

1. An immediate, extended, and practical experience in the economic life

of the present.

2. An exact knowledge of the legal history of the West, with constant

comparison of German, English, and “Roman” development.

3. Knowledge of Classical jurisprudence, not as a model for principles of

? ?present day validity, but as a brilliant example of how a law can?

? ?develop strong and pure out of the practical life of its time.

Roman law has ceased to be our source for principles of eternal validity.

But the relation between Roman existence and Roman law ideas gives it a

renewed value for us. We can learn from it how we have to build up our law

out of our experiences.