o fit a political theory of popular sovereignty in
which the people were thought of as succeeding to the sovereignty of
parliament at the American Revolution or of the French king at the
French Revolution.

A ninth idea of law takes it to be a system of precepts discovered by
human experience whereby the individual human will may realize the
most complete freedom possible consistently with the like freedom of
will of others. This idea, held in one form or another by the
historical school, divided the allegiance of jurists with the theory
of law as command of the sovereign during almost the whole of the past
century. It assumed that the human experience by which legal
principles were discovered was determined in some inevitable way. It
was not a matter of conscious human endeavor. The process was
determined by the unfolding of an idea of right and justice or an idea
of liberty which was realizing itself in human administration of
justice, or by the operation of biological or psychological laws or of
race characters, whose necessary result was the system of law of the
time and people in question.

Again, tenth, men have thought of law as a system of principles,
discovered philosophically and developed in detail by juristic writing
and judicial decision, whereby the external life of man is measured by
reason, or in another phase, whereby the will of the individual in
action is harmonized with those of his fellow men. This mode of
thought appeared in the nineteenth century after the natural-law
theory in the form in which it had prevailed for two centuries had
been abandoned and philosophy was called upon to provide a critique
for systematic arrangement and development of details.

Eleventh, law has been thought of as a body or system of rules imposed
on men in society by the dominant class for the time being in
furtherance, conscious or unconscious, of its own interest. This
economic interpretation of law takes many forms. In an idealistic form
it thinks of the inevitable unfolding of an economic idea. In a
mechanical sociological form it thinks of class struggle or a struggle
for existence in terms of economics, and of law as the result of the
operation of forces or laws involved in or determining such
struggles. In a positivist-analytical form it thinks of law as the
command of the sovereign, but of that command as determined in its
economic content by the will of the dominant social class, determined
in turn by its