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Once a German jurist of great renown, Ihering, wanted to sum up the scientific work of his life and write a treatise, in which he proposed to analyze the factors that preserve social life in society. "Purpose in Law" , such is the title of that book, which enjoys a well-deserved reputation.
He made an elaborate plan of his treatise, and, with much erudition, discussed both coercive factors which are used to maintain society: wagedom and the different forms of coercion which are sanctioned by law. At the end of his work he reserved two paragraphs only to mention the two non-coercive factors — the feeling of duty and the feeling of mutual sympathy — to which he attached little importance, as might be expected from a writer in law.
But what happened? As he went on analyzing the coercive factors he realized their insufficiency. He consecrated a whole volume to their analysis, and the result was to lessen their importance! When he began the last two paragraphs, when he began to reflect upon the non-coercive factors of society, he perceived, on the contrary, their immense, outweighing importance; and instead of two paragraphs, he found himself obliged to write a second volume, twice as large as the first, on these two factors: voluntary restraint and mutual help; and yet, he analyzed but an infinitesimal part of these latter — those which result from personal sympathy — and hardly touched free agreement, which results from social institutions. (en) |
