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A Study Of Interpretation In The Civil Law, Mitchell Franklin

Vanderbilt Law Review

Pound has indicated that comprehensively law connotes legal precepts, received legal ideals or ideological aims, and professional legal method or process.' Historically the interpretation of law in the main has been professional, such power being exercised by means of juristic ideas pertaining to legal method.

Hence Coke referred to the "artificial reason" of the English common law; and Windscheid said that the legal method of the Roman law was not a science, but an "art" (Kunst), which had to be learned through experience as well as through theory.

Past attempts to defeat such esoteric control of law have not been …