THE PRINCIPLES OF JURISPRUDENCE. BY DENIS CAULFEILD HERON, Q.C., MEMBER OF PARLIAMENT FOR THE COUNTY OF TIPPERARY. LONDON: LONGMANS, GREEN & CO. 1873. PRINCIPLES OF JURISPRUDENCE. CHAPTER I. INTRODUCTION: THE SOCIAL SCIENCES. JURISPRUDENCE is the Science of Positive Laws. It has been observed that Laws are by the public considered as something distinct from common life, and the common affairs of society. Yet to one truly reflecting upon the nature of Laws, few subjects ought to be more interesting. The whole fabric of society rests chiefly on the Law. The social and political life in which we live, the freedom which we enjoy, all result from the labours of the wise and good in this department of human intelligence. And the science of Jurisprudence concerns not individuals, but the community. The pleasures of knowledge, the glories of the refined arts are known to few. Laws are praised or cursed by every fireside. Each nation lives in the cottage as well as in the castle. And unless the beauty of legislature and the excellence of statesmanship dwell in the feelings and condition of the people, Government acts like the Epicurean gods, who enjoyed their existence careless of humanity. The object of a History of Jurisprudence is to exhibit the circumstances which have attended the establishment of existing positive Laws. But the exposition of the dead laws which have been superseded is inseparably interwoven with that of the living laws which have superseded them. And in this investigation are furnished the great examples for the Art of Legislation. Bolingbroke has observed, that to enable one to take B |