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Updated: May 24, 2025
The Legislator and the Jurist must adapt their legislation to the point of view of the Moralist; and the moralist, while enjoining obedience to their dictates, should endeavour to correct the inequalities produced by laws, and should urge the improvement of Law, to make it conformable to morality. The Moral is in this way contrasted with the Jural, a useful word of the author's coining.
If by any means we can determine the early forms of jural conceptions, they will be invaluable to us. These rudimentary ideas are to the jurist what the primary crusts of the earth are to the geologist. They contain, potentially, all the forms in which law has subsequently exhibited itself.
They appeared under exceedingly similar circumstances, and were produced, to our knowledge, by very similar causes. Unquestionably, many jural phenomena lie behind these codes and preceded them in point of time.
But, if so, in what can the jural existence consist, if not in a spiritual miniature of the whole fact's constitution actuating; every partial factor as its purpose? But is this anything but the old metaphysical fallacy of looking behind a fact in esse for the ground of the fact, and finding it in the shape of the very same fact in posse?
The part played by jurists in French history, and the sphere of jural conceptions in French thought, have always been remarkably large.
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