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" "Our Constitution is popular in that the life of the English people, from the greatest to the least, has gone to make it what it is; and it has at almost all times combined the tenacity of tradition with a great power of assimilating fresh elements, and of adapting existing organs to new purposes. For some considerable time our national institutions and our national character have been confirming one another in this habit.
Sir Frederick Pollock, 3rd Baronet PC FBA (10 December 1845 – 18 January 1937) was an English jurist best known for his History of English Law before the Time of Edward I, written with F. W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a member of the Cambridge Apostles.
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When Charles Darwin created the philosophy of natural history (for no less title is due to the idea which transformed the knowledge of organic nature from a multitude of particulars into a continuous whole), he was working in the same spirit and towards the same ends as the great publicists who, heeding his field of labour as little as he heeded theirs, had laid in the patient study of historical fact the bases of a solid and rational philosophy of politics and law. Savigny, whom we do not yet know or honour enough, and our own Burke, whom we know and honour, but cannot honour too much, were Darwinians before Darwin. In some measure the same may be said of the great Frenchman Montesquieu, whose unequal but illuminating genius was lost in a generation of formalists.
From an early time, again, we have had a central and powerful legislature which, as it represents the estates of the whole realm, has made statutes binding on the whole, and knows no legal bounds to its competence. Thus our laws have been eminently national and positive, and our particular legal habit of mind is perhaps the most insular of our many insular traits. Our long standing apart from the general movement of European thought has had its drawbacks; but I think it the better opinion that both in jurisprudence and in the not wholly dissimilar case of philosophy the gain has outweighed them.
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