ABSTRACT
One of the first difficulties encountered by archaic legal systems, founded upon the family and postulating for every sort of legal, social and religious institution the continuity of the household, was the failure of issue, the want of the son to perpetuate the household worship whom religious and legal dogmas required. Law grows subconsciously at first. Afterwards it grows more or less consciously but as it was surreptitiously under the cloak of fictions. Next it grows consciously but shamefacedly through general fictions. Finally it may grow consciously, deliberately and avowedly through juristic science and legislation tested by judicial empiricism. Legislation on the other hand, except as it merely gives form to what has been worked out by juristic science and stamped with approval by judicial empiricism, has for its function to introduce new premises. Study of fundamental problems is the road to socialization of the law.
