remained unconscious of the active principle within. Dante and Calderon, Nibelungen and Sakuntala, were not so near the core as Burke's maxim that wisdom and religion dictate that we should follow events, and not attempt to lead, much less to force them. When their ideas came to be taken up by reasoners, they were found to involve a system of scientific definitions charged with interminable consequences. Their philosopher was Schelling, who married Schlegel's wife, and who, condensing the vapour of the school into something like solid propositions, taught that the State does not exist for purposes of men, and is not governed by laws of their devising, but by the cosmic force above.
Upon this aphorism, Savigny, the jurist of the party, developed the historic method of jurisprudence. The sovereign legislator is not the government, but the nation. Law, like language, proceeds from its primitive nature and its experience and is part of its identity. The deliberations of lawgiving consist in ascertaining not what is best, but what is consistent with usage. Laws are found, not made, for the treatment adapted to successive emergencies is already latent in the public conscience, and must be evolved from precedent. Laws and constitutions expand by sustenance drawn from the constant and original spring; the force preparing the future is the same that made the past, and the function of the jurist is to trace and to obey it faithfully, without attempting to explain it away.
Learning and eloquence long effectually concealed the logical effect of this doctrine. It assorted so well with the spirit of the age that it predominated for half a century against Bentham, and Hegel, and the year 1848, and is yielding slowly to the keener dialectics and deeper philosophy of Ihering. It is the strongest of all the agencies that have directed German effort towards history, viewed as a remedy for the eighteenth century and the malady of vain speculation. When Laboulaye described it as a school that had no masters in France and only one disciple, who was himself, it was controlling Germany.
