Page:Struggle for Law (1915).djvu/17

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Introduction


accumulation of experience, would likely be as dangerous and as inadequate as before. It should be noticed that when we speak of causality we enter the sphere of the historian and jurist, provinces where Jhering attained his surest fame. It is true that Jhering later attempted the treacherous problem of finality—a problem perilous even for the trained philosopher—but it is believed that if he had restricted himself to his earlier aspirations that his labors would have remained a standing monument of unquestioned juristic scholarship throughout the corroding processes of time.

Merkel makes an illuminating comparison between Savigny and Jhering sufficient in itself to explain the differences of character of these two great civilians.[1] Savigny, he says, retired to the shadows of his canvas. Both were masters of expression, but Savigny hid his personality behind his work, while Jhering projected himself in living reality in every line. He attempted, as Merkel again says, to

  1. Op. cit. (p. ix note 1, supra).

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