ABSTRACT
A N D no w may w e be permitte d to ente r upo n th e discussio n of one of the most popular questions of juristi c metaphysics, t o wit the question whether a t th e present tim e the law grows through legislation onl y o r throug h legislatio n an d "customar y law" ; whether there i s such a thing as "customar y law" today; an d if so, whether i t can be rendered superfluou s b y legislation. A H of these questions, rightl y understood, automatically become superfluous whe n the origi n an d th e growt h o f law are rightl y under - stood, i.e . when they are understoo d t o mean th e origi n an d th e transformation o f social institutions. Ther e ca n o f course b e no doubt that i n this sphere as wel l as elsewhere th e state can bring about o r prevent man y things by direct interference an d by decisions of its tribunals. Bu t it cannot be disputed that it is unable either t o se t th e whol e course o f developmen t i n motion o r t o bring i t t o a standstill , tha t i n a progressiv e societ y a t least , new institutions are continuall y coming into being , and existing ones are developing irrespective of what the state may do about it .
