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Excerpt from Outlines of Historical Jurisprudence, Vol. 2 It may not be amiss to state from the outset what will be attempted in this volume and what remains outside its scope. The subject treated is not Greek positive law in all its bearings, but the Greek jurisprudence of the epoch when democracy prevailed in the leading cities. One of the Nestors of Hellenic studies, Dareste, had this distinction in view when he dedicated a book to the Science of law in Greece (La Science du droit en Grece). But instead of tracing, as he might well have done, the application of juridical doctrines in the institutes of positive law, he contented himself with presenting a sketch of the teaching of Plato, Aristotle, and Theophrastos. And yet it might be said that we actually possess in a fragmentary form the elements of Greek jurisprudence. They are set out in the writings of Aristotle and of his school - not so completely as the comparative politics of the period, but with sufficient definiteness and clearness. The well-known chapters of the Ethics, the Rhetoric, the Politics, the treatise on the Athenian Constitution, supply precious indications as to the way in which the various rules of substantive law and of procedure, illustrated by inscriptions and speeches, were connected in the minds of philosophers of the fourth century into a system of city-law. Some of the rules have disappeared, some of the applications appear problematical or contradictory, but on the whole the Aristotelian teaching on Political Science makes it possible to treat the details of Greek law as the ramifications of philosophical and juridical principles conditioned by the development of City-commonwealths. Greek juridical theory was undoubtedly connected with actual practice of Courts and Assemblies. There is no lack of books on general jurisprudence nowadays: why should we not try to reconstitute the general jurisprudence of the fourth century B. C.? About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."

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