Page:Struggle for Law (1915).djvu/68

From Wikisource
Jump to navigation Jump to search
This page has been validated.

The Struggle for Law


it has forever to feel and seek in order to find the right way, and when it has found it, to overthrow the obstacles which would impede its course. If it be an undoubted fact, that this development, like that of art or language, is governed by law and is uniform, it cannot be denied that it departs largely from the latter in the manner in which it takes place; and in this sense, therefore, we are compelled decidedly to reject the parallel instituted by Savigny—a parallel which found universal favor so rapidly—between law on the one hand and language and art on the other. This doctrine is false, but not dangerous as a philosophical opinion. As a political maxim, however, it contains an error pregnant with the most ominous consequences imaginable, because it feeds man with hope where he should act, and act with a full and clear consciousness of the object aimed at, and with all his strength. It feeds him with the hope that things will take care of themselves, and that the best he can do is to fold his arms and confidently wait for what may

14