Kant, Immanuel / 2008-06-29 00:00:00
1790
THE SCIENCE OF RIGHT
by Immanual Kant
translated by W. Hastie
INTRODUCTION
INTRODUCTION TO THE SCIENCE OF RIGHT.
GENERAL DEFINITIONS, AND DIVISIONS.
A. What the Science of Right is.
The Science of Right has for its object the principles of all the
laws which it is possible to promulgate by external legislation. Where
there is such a legislation, it becomes, in actual application to
it, a system of positive right and law; and he who is versed in the
knowledge of this system is called a jurist or jurisconsult
(jurisconsultus). A practical jurisconsult (jurisperitus), or a
professional lawyer, is one who is skilled in the knowledge of
positive external laws, and who can apply them to cases that may occur
in experience. Such practical knowledge of positive right, and law,
may be regarded as belonging to jurisprudence (jurisprudentia) in
the original sense of the term. But the theoretical knowledge of right
and law in principle, as distinguished from positive laws and
empirical cases, belongs to the pure science of right (jurisscientia).
The science of right thus designates the philosophical and
systematic knowledge of the principles of natural right.
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