Theoretical Legal Sciences - Law and Legal Theory in European Context

If you reason instead of repeating what is taught you; if you analyze the law and strip off those cloudy fictions with which it has been draped in order to conceal its real origin, which is the right of the stronger, and its substance, which has ever been the consecration of all the tyrannies handed down to mankind through its long and bloody history; when you have comprehended this, your contempt for the law will be profound indeed. You will understand that to remain the servant of the written law is to place yourself every day in opposition to the law of conscience, and to make a bargain on the wrong side; and, since this struggle cannot go on forever, you will either silence your conscience and become a scoundrel, or you will break with tradition, and you will work with us for the utter destruction of all this injustice

I firmly believe people have hitherto been a great deal too much taken up about doctrine and far too little about practice. The word doctrine, as used in the Bible, means teaching of duty, not theory. I preached a sermon about this. We are far too anxious to be definite and to have finished, well-polished, sharp-edged systems — forgetting that the more perfect a theory about the infinite, the surer it is to be wrong, the more impossible it is to be right.

All competent thinkers agree with Bacon that there can be no real knowledge except that which rests upon observed facts. This fundamental maxim is evidently indisputable if it is applied, as it ought to be, to the mature state of our intelligence. But, if we consider the origin of our knowledge, it is no less certain that the primitive human mind could not, and indeed ought not to, have thought in that way. For if, on the one hand, every Positive theory must necessarily be founded upon observations, it is, on the other hand, no less true that, in order to observe, our mind has need of some theory or other. If in contemplating phenomena we did not immediately connect them with principles, not only would it be impossible for us to combine these isolated observations, and therefore to derive profit from them, but we should even be entirely incapable of remembering facts, which would for the most remain unnoted by us.
Thus there were two difficulties be overcome: the human mind had to observe in order to form real theories, and yet had to form theories of some sort before it could apply itself to a connected series of observations. The primitive human mind, therefore, found itself involved in a vicious circle, from which it would never have had any means of escaping, if a natural way of the difficulty had not fortunately found by the spontaneous development of Theological conceptions. ...chimerical hopes ..exaggerated ideas of man's importance in the universe to which the Theological Philosophy ...at the commencement, ...afforded an indispensable stimulus without the aid which we cannot, indeed, conceive how the primitive human mind would have been induced to undertake any arduous labours.