FOOTNOTES:

[1] See also ALPACA, FELT, MOHAIR, SHODDY and WOOL.

[2] Col. Ind. Exhibition, 1886, _Miscellaneous Reports_.

FIBRIN, or FIBRINE, a protein formed by the action of the so-called

fibrin-ferment on fibrinogen, a constituent of the blood-plasma of all

vertebrates. This change takes place when blood leaves the arteries, and

the fibrin thus formed occasions the clotting which ensues (see BLOOD).

To obtain pure coagulated fibrin it is best to heat blood-plasma

(preferably that of the horse) to 56 deg. C. The usual method of beating

a blood-clot with twigs and removing the filamentous fibrin which

attaches itself to them yields a very impure product containing

haemoglobin and much globulin; moreover, it is very difficult to purify.

Fibrin is a very voluminous, tough, strongly elastic, jelly-like

substance; when denaturalized by heat, alcohol or salts, it behaves as

any other coagulated albumin.

FICHTE, IMMANUEL HERMANN (originally HARTMANN) VON (1797-1879), German

philosopher, son of J.G. Fichte, was born at Jena on the 18th of July

1797. Having held educational posts at Saarbrucken and Dusseldorf, in

1836 he became extraordinary professor of philosophy at Bonn, and in

1840 full professor. In 1842 he received a call to Tubingen, retired in

1867, and died at Stuttgart on the 8th of August 1879. The most

important of his comprehensive writings are: _System der Ethik_

(1850-1853), _Anthropologie_ (1856, 3rd ed. 1876), _Psychologie_

(1864-1873), _Die theistische Weltansicht_ (1873). In 1837 he had

founded the _Zeitschrift fur Philosophie_ as an organ of his views, more

especially on the subject of the philosophy of religion, where he was in

alliance with C.H. Weisse; but, whereas Weisse thought that the Hegelian

structure was sound in the main, and that its imperfections might be

mended, Fichte held it to be incurably defective, and spoke of it as a

"masterpiece of erroneous consistency or consistent error." Fichte's

general views on philosophy seem to have changed considerably as he

advanced in years, and his influence has been impaired by certain

inconsistencies and an appearance of eclecticism, which is strengthened

by his predominantly historical treatment of problems, his desire to

include divergent systems within his own, and his conciliatory tone. His

philosophy is an attempt to reconcile monism (Hegel) and individualism

(Herbart) by means of theism (Leibnitz). He attacks Hegelianism for its

pantheism, its lowering of human personality, and imperfect recognition

of the demands of the moral consciousness. God, he says, is to be

regarded not as an absolute but as an Infinite Person, whose nature it

is that he should realize himself in finite persons. These persons are

objects of God's love, and he arranges the world for their good. The

direct connecting link between God and man is the "genius," a higher

spiritual individuality existing in man by the side of his lower,

earthly individuality. Fichte, in short, advocates an ethical theism,

and his arguments might easily be turned to account by the apologist of

Christianity. In his conception of finite personality he recurs to

something like the monadism of Leibnitz. His insistence on moral

experience is connected with his insistence on personality. One of the

tests by which Fichte discriminates the value of previous systems is the

adequateness with which they interpret moral experience. The same reason

that made him depreciate Hegel made him praise Krause (panentheism) and

Schleiermacher, and speak respectfully of English philosophy. It is

characteristic of Fichte's almost excessive receptiveness that in his

latest published work, _Der neuere Spiritualismus_ (1878), he supports

his position by arguments of a somewhat occult or theosophical cast, not

unlike those adopted by F.W.H. Myers. He also edited the complete works

and literary correspondence of his father, including his life.

See R. Eucken, "Zur Erinnerung I. H. F.," in _Zeitschrift fur

Philosophie_, ex. (1897); C.C. Scherer, _Die Gotteslehre von I. H. F._

(1902); article by Karl Hartmann in _Allegemeine deutsche Biographie_

xlviii. (1904). Some of his works were translated by J.D. Morell under

the title of _Contributions to Mental Philosophy_ (1860).

FICHTE, JOHANN GOTTLIEB (1762-1814), German philosopher, was born at

Rammenau in Upper Lusatia on the 19th of May 1762. His father, a

ribbon-weaver, was a descendant of a Swedish soldier who (in the service

of Gustavus Adolphus) was left wounded at Rammenau and settled there.

The family was distinguished for piety, uprightness, and solidity of

character. With these qualities Fichte himself combined a certain

impetuosity and impatience probably derived from his mother, a woman of

a somewhat querulous and jealous disposition.

At a very early age the boy showed remarkable mental vigour and moral

independence. A fortunate accident which brought him under the notice of

a neighbouring nobleman, Freiherr von Miltitz, was the means of

procuring him a more excellent education than his father's circumstances

would have allowed. He was placed under the care of Pastor Krebel at

Niederau. After a short stay at Meissen he was entered at the celebrated

school at Pforta, near Naumburg. In 1780 he entered the university of

Jena as a student of theology. He supported himself mainly by private

teaching, and during the years 1784-1787 acted as tutor in various

families of Saxony. In 1787, after an unsuccessful application to the

consistory for pecuniary assistance, he seems to have been driven to

miscellaneous literary work. A tutorship at Zurich was, however,

obtained in the spring of 1788, and Fichte spent in Switzerland two of

the happiest years of his life. He made several valuable acquaintances,

among others Lavater and his brother-in-law Hartmann Rahn, to whose

daughter, Johanna Maria, he became engaged.

Settling at Leipzig, still without any fixed means of livelihood, he was

again reduced to literary drudgery. In the midst of this work occurred

the most important event of his life, his introduction to the philosophy

of Kant. At Schulpforta he had read with delight Lessing's _Anti-Goeze_,

and during his Jena days had studied the relation between philosophy and

religion. The outcome of his speculations, _Aphorismen uber Religion und

Deismus_ (unpublished, date 1790; _Werke_, i. 1-8), was a species of

Spinozistic determinism, regarded, however, as lying altogether outside

the boundary of religion. It is remarkable that even for a time fatalism

should have been predominant in his reasoning, for in character he was

opposed to such a view, and, as he has said, "according to the man, so

is the system of philosophy he adopts."

Fichte's _Letters_ of this period attest the influence exercised on him

by the study of Kant. It effected a revolution in his mode of thinking;

so completely did the Kantian doctrine of the inherent moral worth of

man harmonize with his own character, that his life becomes one effort

to perfect a true philosophy, and to make its principles practical

maxims. At first he seems to have thought that the best method for

accomplishing his object would be to expound Kantianism in a popular,

intelligible form. He rightly felt that the reception of Kant's

doctrines was impeded by their phraseology. An abridgment of the _Kritik

der Urtheilskraft_ was begun, but was left unfinished.

Fichte's circumstances had not improved. It had been arranged that he

should return to Zurich and be married to Johanna Rahn, but the plan was

overthrown by a commercial disaster which affected the fortunes of the

Rahn family. Fichte accepted a post as private tutor in Warsaw, and

proceeded on foot to that town. The situation proved unsuitable; the

lady, as Kuno Fischer says, "required greater submission and better

French" than Fichte could yield, and after a fortnight's stay Fichte set

out for Konigsberg to see Kant. His first interview was disappointing;

the coldness and formality of the aged philosopher checked the

enthusiasm of the young disciple, though it did not diminish his

reverence. He resolved to bring himself before Kant's notice by

submitting to him a work in which the principles of the Kantian

philosophy should be applied. Such was the origin of the work, written

in four weeks, the _Versuch einer Kritik aller Offenbarung_ (Essay

towards a Critique of all Revelation). The problem which Fichte dealt

with in this essay was one not yet handled by Kant himself, the

relations of which to the critical philosophy furnished matter for

surmise. Indirectly, indeed, Kant had indicated a very definite opinion

on theology: from the _Critique of Pure Reason_ it was clear that for

him speculative theology must be purely negative, while the _Critique of

Practical Reason_ as clearly indicated the view that the moral law is

the absolute content or substance of any religion. A _critical_

investigation of the conditions under which religious belief was

possible was still wanting. Fichte sent his essay to Kant, who approved

it highly, extended to the author a warm reception, and exerted his

influence to procure a publisher. After some delay, consequent on the

scruples of the theological censor of Halle, who did not like to see

miracles rejected, the book appeared (Easter, 1792). By an oversight

Fichte's name did not appear on the title-page, nor was the preface

given, in which the author spoke of himself as a beginner in philosophy.

Outsiders, not unnaturally, ascribed the work to Kant. The _Allgemeine

Literatur-Zeitung_ went so far as to say that no one who had read a line

of Kant's writings could fail to recognize the eminent author of this

new work. Kant himself corrected the mistake, at the same time highly

commending the work. Fichte's reputation was thus secured at a stroke.

The _Critique of Revelation_ marks the culminating point of Fichte's

Kantian period. The exposition of the conditions under which revealed

religion is possible turns upon the absolute requirements of the moral

law in human nature. Religion itself is the belief in this moral law as

divine, and such belief is a practical postulate, necessary in order to

add force to the law. It follows that no revealed religion, so far as

matter or substance is concerned, can contain anything beyond this law;

nor can any fact in the world of experience be recognized by us as

supernatural. The supernatural element in religion can only be the

divine character of the moral law. Now, the revelation of this divine

character of morality is possible only to a being in whom the lower

impulses have been, or are, successful in overcoming reverence for the

law. In such a case it is conceivable that a revelation might be given

in order to add strength to the moral law. Religion ultimately then

rests upon the practical reason, and expresses some demand or want of

the pure ego. In this conclusion we can trace the prominence assigned by

Fichte to the practical element, and the tendency to make the

requirements of the ego the ground for all judgment on reality. It was

not possible that having reached this point he should not press forward

and leave the Kantian position.

This success was coincident with an improvement in the fortunes of the

Rahn family, and the marriage took place at Zurich in October 1793. The

remainder of the year he spent at Zurich, slowly perfecting his thoughts

on the fundamental problems left for solution in the Kantian philosophy.

During this period he published anonymously two remarkable political

works, _Zuruckforderung der Denkfreiheit von den Fursten Europas_ and

_Beitrage zur Berichtigung der Urtheile des Publicums uber die

franzosische Revolution_. Of these the latter is much the more

important. The French Revolution seemed to many earnest thinkers the one

great outcry of modern times for the liberty of thought and action which

is the eternal heritage of every human being. Unfortunately the

political condition of Germany was unfavourable to the formation of an

unbiassed opinion on the great movement. The principles involved in it

were lost sight of under the mass of spurious maxims on social order

which had slowly grown up and stiffened into system. To direct attention

to the true nature of revolution, to demonstrate how inextricably the

right of liberty is interwoven with the very existence of man as an

intelligent agent, to point out the inherent progressiveness of state

arrangements, and the consequent necessity of reform or amendment, such

are the main objects of the _Beitrage_; and although, as is often the

case with Fichte, the arguments are too formal and the distinctions too

wire-drawn, yet the general idea is nobly conceived and carried out. As

in the _Critique of Revelation_ so here the rational nature of man and

the conditions necessary for its manifestation or realization become the

standard for critical judgment.

Towards the close of 1793 Fichte received an invitation to succeed K.L.

Reinhold as extraordinary professor of philosophy at Jena. This chair,

not in the ordinary faculty, had become, through Reinhold, the most

important in the university, and great deliberation was exercised in

selecting his successor. It was desired to secure an exponent of

Kantianism, and none seemed so highly qualified as the author of the

_Critique of Revelation_. Fichte, while accepting the call, desired to

spend a year in preparation; but as this was deemed inexpedient he

rapidly drew out for his students an introductory outline of his system,

and began his lectures in May 1794. His success was instantaneous and

complete. The fame of his predecessor was altogether eclipsed. Much of

this success was due to Fichte's rare power as a lecturer. In oral

exposition the vigour of thought and moral intensity of the man were

most of all apparent, while his practical earnestness completely

captivated his hearers. He lectured not only to his own class, but on

general moral subjects to all students of the university. These general

addresses, published under the title _Bestimmung des Gelehrten_

(Vocation of the Scholar), were on a subject dear to Fichte's heart, the

supreme importance of the highest intellectual culture and the duties

incumbent on those who had received it. Their tone is stimulating and

lofty.

The years spent at Jena were unusually productive; indeed, the completed

Fichtean philosophy is contained in the writings of this period. A

general introduction to the system is given in the tractate _Uber den

Begriff der Wissenschaftslehre_ (On the Notion of the Theory of

Science), 1794, and the theoretical portion is worked out in the

_Grundlage der gesammten Wissenschaftslehre_ (Foundation of the whole

Theory of Science, 1794) and _Grundriss des Eigenthumlichen d.

Wissenschaftslehre_ (Outline of what is peculiar in the Theory of

Science, 1794). To these were added in 1797 a _First_ and a _Second

Introduction to the Theory of Science_, and an _Essay towards a new

Exposition of the Theory of Science_. The _Introductions_ are masterly

expositions. The practical philosophy was given in the _Grundlage des

Naturrechts_ (1796) and _System der Sittenlehre_ (1798). The last is

probably the most important of all Fichte's works; apart from it, his

theoretical philosophy is unintelligible.

During this period Fichte's academic career had been troubled by various

storms, the last so violent as to put a close to his professorate at

Jena. The first of them, a complaint against the delivery of his general

addresses on Sundays, was easily settled. The second, arising from

Fichte's strong desire to suppress the _Landsmannschaften_ (students'

orders), which were productive of much harm, was more serious. Some

misunderstanding caused an outburst of ignorant ill-feeling on the part

of the students, who proceeded to such lengths that Fichte was compelled

to reside out of Jena. The third storm, however, was the most violent.

In 1798 Fichte, who, with F.I. Niethammer (1766-1848), had edited the

_Philosophical Journal_ since 1795, received from his friend F.K.

Forberg (1770-1848) an essay on the "Development of the Idea of

Religion." With much of the essay he entirely agreed, but he thought the

exposition in so many ways defective and calculated to create an

erroneous impression, that he prefaced it with a short paper _On the

Grounds of our Belief in a Divine Government of the Universe_, in which

God is defined as the moral order of the universe, the eternal law of

right which is the foundation of all our being. The cry of atheism was

raised, and the electoral government of Saxony, followed by all the

German states except Prussia, suppressed the _Journal_ and confiscated

the copies found in their universities. Pressure was put by the German

powers on Charles Augustus, grand-duke of Saxe-Weimar, in whose

dominions Jena university was situated, to reprove and dismiss the

offenders. Fichte's defences (_Appellation an das Publicum gegen die

Anklage des Atheismus_, and _Gerichtliche Verantwortung der Herausgeber

der phil. Zeitschrift_, 1799), though masterly, did not make it easier

for the liberal-minded grand-duke to pass the matter over, and an

unfortunate letter, in which he threatened to resign in case of

reprimand, turned the scale against him. The grand-duke accepted his

threat as a request to resign, passed censure, and extended to him

permission to withdraw from his chair at Jena; nor would he alter his

decision, even though Fichte himself endeavoured to explain away the

unfortunate letter.

Berlin was the only town in Germany open to him. His residence there

from 1799 to 1806 was unbroken save for a course of lectures during the

summer of 1805 at Erlangen, where he had been named professor.

Surrounded by friends, including Schlegel and Schleiermacher, he

continued his literary work, perfecting the _Wissenschaftslehre_. The

most remarkable of the works from this period are--(1) the _Bestimmung

des Menschen_ (Vocation of Man, 1800), a book which, for beauty of

style, richness of content, and elevation of thought, may be ranked with

the Meditations of Descartes; (2) _Der geschlossene Handelsstaat_, 1800

(The Exclusive or Isolated Commercial State), a very remarkable

treatise, intensely socialist in tone, and inculcating organized

protection; (3) _Sonnenklarer Bericht an das grossere Publicum uber die

neueste Philosophie_, 1801. In 1801 was also written the _Darstellung

der Wissenschaftslehre_, which was not published till after his death.

In 1804 a set of lectures on the _Wissenschaftslehre_ was given at

Berlin, the notes of which were published in the _Nachgelassene Werke_,

vol. ii. In 1804 were also delivered the noble lectures entitled

_Grundzuge des gegenwartigen Zeitalters_ (Characteristics of the Present

Age, 1804), containing a most admirable analysis of the _Aufklarung_,

tracing the position of such a movement of thought in the natural

evolution of the general human consciousness, pointing out its inherent

defects, and indicating as the ultimate goal of progress the life of

reason in its highest aspect as a belief in the divine order of the

universe. The philosophy of history sketched in this work has something

of value with much that is fantastic. In 1805 and 1806 appeared the

_Wesen des Gelehrten_ (Nature of the Scholar) and the _Anweisung zum

seligen Leben oder Religionslehre_ (Way to a Blessed Life), the latter

the most important work of this Berlin period. In it the union between

the finite self-consciousness and the infinite ego or God is handled in

an almost mystical manner. The knowledge and love of God is the end of

life; by this means only can we attain blessedness (_Seligkeit_), for in

God alone have we a permanent, enduring object of desire. The infinite

God is the all; the world of independent objects is the result of

reflection or self-consciousness, by which the infinite unity is broken

up. God is thus over and above the distinction of subject and object;

our knowledge is but a reflex or picture of the infinite essence. Being

is not thought.

The disasters of Prussia in 1806 drove Fichte from Berlin. He retired

first to Stargard, then to Konigsberg (where he lectured for a time),

then to Copenhagen, whence he returned to the capital in August 1807.

From this time his published writings are practical in character; not

till after the appearance of the _Nachgelassene Werke_ was it known in

what shape his final speculations had been thrown out. We may here note

the order of these posthumous writings as being of importance for

tracing the development of Fichte's thought. From the year 1806 we have

the remarkable _Bericht uber die Wissenschaftslehre_ (_Werke_, vol.

viii.), with its sharp critique of Schelling; from 1810 we have the

_Thatsachen des Bewusstseyns_, published in 1817, of which another

treatment is given in lectures of 1813 (_Nachgel. Werke_, vol. i.). Of

the _Wissenschaftslehre_ we have, in 1812-1813, four separate treatments

contained in the _Nachgel Werke_. As these consist mainly of notes for

lectures, couched in uncouth phraseology, they cannot be held to throw

much light on Fichte's views. Perhaps the most interesting are the

lectures of 1812 on _Transcendental Logic_ (_Nach. Werke_, i. 106-400).

From 1812 we have notes of two courses on practical philosophy,

_Rechtslehre_ (_Nach. Werke_, vol. ii.) and _Sittenlehre_ (_ib._ vol.

iii.). A finished work in the same department is the _Staatslehre_,

published in 1820. This gives the Fichtean utopia organized on

principles of pure reason; in too many cases the proposals are identical

with principles of pure despotism.

During these years, however, Fichte was mainly occupied with public

affairs. In 1807 he drew up an elaborate and minute plan for the

proposed new university of Berlin. In 1507-1808 he delivered at Berlin,

amidst danger and discouragement, his noble addresses to the German

people (_Reden an die deutsche Nation_). Even if we think that in these

pure reason is sometimes overshadowed by patriotism, we cannot but

recognize the immense practical value of what he recommended as the only

true foundation for national prosperity.

In 1810 he was elected rector of the new university founded in the

previous year. This post he resigned in 1812, mainly on account of the

difficulties he experienced in his endeavour to reform the student life

of the university.

In 1813 began the great effort of Germany for national independence.

Debarred from taking an active part, Fichte made his contribution by way

of lectures. The addresses on the idea of a true war (_Uber den Begriff

eines wahrhaften Kriegs_, forming part of the _Staatslehre_) contain a

very subtle contrast between the positions of France and Germany in the

war.

In the autumn of 1813 the hospitals of Berlin were filled with sick and

wounded from the campaign. Among the most devoted in her exertions was

Fichte's wife, who, in January 1814, was attacked with a virulent

hospital fever. On the day after she was pronounced out of danger Fichte

was struck down. He lingered for some days in an almost unconscious

state, and died on the 27th of January 1814.

The philosophy of Fichte, worked out in a series of writings, and

falling chronologically into two distinct periods, that of Jena and

that of Berlin, seemed in the course of its development to undergo a

change so fundamental that many critics have sharply separated and

opposed to one another an earlier and a later phase. The ground of the

modification, further, has been sought and apparently found in quite

external influences, principally that of Schelling's

_Naturphilosophie_, to some extent that of Schleiermacher. But as a

rule most of those who have adopted this view have done so without the

full and patient examination which the matter demands; they have been

misled by the difference in tone and style between the earlier and

later writings, and have concluded that underlying this was a

fundamental difference of philosophic conception. One only, Erdmann,

in his _Entwicklung d. deut. Spek. seit Kant_, S 29, seems to give

full references to justify his opinion, and even he, in his later

work, _Grundriss der Gesch. der Philos._ (ed. 3), S 311, admits that

the difference is much less than he had at the first imagined. He

certainly retains his former opinion, but mainly on the ground, in

itself intelligible and legitimate, that, so far as Fichte's

philosophical reputation and influence are concerned, attention may be

limited to the earlier doctrines of the _Wissenschaftslehre_. This may

be so, but it can be admitted neither that Fichte's views underwent

radical change, nor that the _Wissenschaftslehre_ was ever regarded as

in itself complete, nor that Fichte was unconscious of the apparent

difference between his earlier and later utterances. It is

demonstrable by various passages in the works and letters that he

never looked upon the _Wissenschaftslehre_ as containing the whole

system; it is clear from the chronology of his writings that the

modifications supposed to be due to other thinkers were from the first

implicit in his theory; and if one fairly traces the course of thought

in the early writings, one can see how he was inevitably led on to the

statement of the later and, at first sight, divergent views. On only

one point, the position assigned in the _Wissenschaftslehre_ to the

absolute ego, is there any obscurity; but the relative passages are

far from decisive, and from the early work, _Neue Darstellung der

Wissenchaftslehre_, unquestionably to be included in the Jena period,

one can see that from the outset the doctrine of the absolute ego was

held in a form differing only in statement from the later theory.

Fichte's system cannot be compressed with intelligibility. We shall

here note only three points:--(a) the origin in Kant; (b) the

fundamental principle and method of the _Wissenschaftslehre_; (c) the

connexion with the later writings. The most important works for (a)

are the "Review of Aenesidemus," and the _Second Introduction to the

Wissenschaftslehre_; for (b) the great treatises of the Jena period;

for (c) the _Thatsachen des Bewusstseyns_ of 1810.

(a) The Kantian system had for the first time opened up a truly

fruitful line of philosophic speculation, the transcendental

consideration of knowledge, or the analysis of the conditions under

which cognition is possible. To Kant the fundamental condition was

given in the synthetical unity of consciousness. The primitive fact

under which might be gathered the special conditions of that synthesis

which we call cognition was this unity. But by Kant there was no

attempt made to show that the said special conditions were necessary

from the very nature of consciousness itself. Their necessity was

discovered and proved in a manner which might be called empirical.

Moreover, while Kant in a quite similar manner pointed out that

intuition had special conditions, space and time, he did not show any

link of connexion between these and the primitive conditions of pure

cognition. Closely connected with this remarkable defect in the

Kantian view--lying, indeed, at the foundation of it--was the doctrine

that the matter of cognition is altogether _given_, or thrown into the

_form_ of cognition from without. So strongly was this doctrine

emphasized by Kant, that he seemed to refer the _matter_ of knowledge

to the action upon us of a non-ego or _Ding-an-sich_, absolutely

beyond consciousness. While these hints towards a completely

intelligible account of cognition were given by Kant, they were not

reduced to system, and from the way in which the elements of cognition

were related, could not be so reduced. Only in the sphere of practical

reason, where the intelligible nature prescribed to itself its own

laws, was there the possibility of systematic deduction from a single

principle.

The peculiar position in which Kant had left the theory of cognition

was assailed from many different sides and by many writers, specially

by Schultze (Aenesidemus) and Maimon. To the criticisms of the latter,

in particular, Fichte owed much, but his own activity went far beyond

what they supplied to him. To complete Kant's work, to demonstrate

that all the necessary conditions of knowledge can be deduced from a

single principle, and consequently to expound the complete system of

reason, that is the business of the _Wissenschaftslehre_. By it the

theoretical and practical reason shall be shown to coincide; for while

the categories of cognition and the whole system of pure thought can

be expounded from one principle, the ground of this principle is

scientifically, or to cognition, inexplicable, and is made conceivable

only in the practical philosophy. The ultimate basis for the activity

of cognition is given by the will. Even in the practical sphere,

however, Fichte found that the contradiction, insoluble to cognition,

was not completely suppressed, and he was thus driven to the higher

view, which is explicitly stated in the later writings though not, it

must be confessed, with the precision and scientific clearness of the

_Wissenschaftslehre_.

(b) What, then, is this single principle, and how does it work itself

out into system? To answer this one must bear in mind what Fichte

intended by designating all philosophy _Wissenschaftslehre_, or theory

of science. Philosophy is to him the rethinking of actual cognition,

the _theory_ of knowledge, the complete, systematic exposition of the

principles which lie at the basis of all reasoned cognition. It

traces the necessary acts by which the cognitive consciousness comes

to be what it is, both in form and in content. Not that it is a

natural history, or even a _phenomenology_ of consciousness; only in

the later writings did Fichte adopt even the genetic method of

exposition; it is the complete statement of the pure principles of the

understanding in their rational or necessary order. But if complete,

this _Wissenschaftslehre_ must be able to deduce the whole organism of

cognition from certain fundamental axioms, themselves unproved and

incapable of proof; only thus can we have a _system_ of reason. From

these primary axioms the whole body of necessary thoughts must be

developed, and, as Socrates would say, the argument itself will

indicate the path of the development.

Of such primitive principles, the absolutely necessary conditions of

possible cognition, only three are thinkable--one perfectly

unconditioned both in form and matter; a second, unconditioned in form

but not in matter; a third, unconditioned in matter but not in form.

Of these, evidently the first must be the fundamental; to some extent

it conditions the other two, though these cannot be deduced from it or

proved by it. The statement of these principles forms the introduction

to _Wissenschaftslehre_.

The method which Fichte first adopted for stating these axioms is not

calculated to throw full light upon them, and tends to exaggerate the

apparent airiness and unsubstantiality of his deduction. They may be

explained thus. The primitive condition of all intelligence is that

the ego shall posit, affirm or be aware of itself. The ego is the ego;

such is the first pure act of conscious intelligence, that by which

alone consciousness can come to be what it is. It is what Fichte

called a Deed-act (_Thathandlung_); we cannot be aware of the

process,--the ego _is_ not until it has affirmed itself,--but we are

aware of the result, and can see the necessity of the act by which it

is brought about. The ego then posits itself, as real. What the ego

posits is real. But in consciousness there is equally given a

primitive act of op-positing, or contra-positing, formally distinct

from the act of position, but materially determined, in so far as what

is op-posited must be the negative of that which was posited. The

non-ego--not, be it noticed, the world as we know it--is op-posed in

consciousness to the ego. The ego is not the non-ego. How this act of

op-positing is possible and necessary, only becomes clear in the

practical philosophy, and even there the inherent difficulty leads to

a higher view. But third, we have now an absolute antithesis to our

original thesis. Only the ego is real, but the non-ego is posited in

the ego. The contradiction is solved in a higher synthesis, which

takes up into itself the two opposites. The ego and non-ego _limit_

one another, or determine one another; and, as limitation is negation

of part of a divisible quantum, in this third act, the divisible ego

is op-posed to a divisible non-ego.

From this point onwards the course proceeds by the method already made

clear. We progress by making explicit the oppositions contained in the

fundamental synthesis, by uniting these opposites, analysing the new

synthesis, and so on, until we reach an ultimate pair. Now, in the

synthesis of the third act two principles may be distinguished:--(1)

the non-ego determines the ego; (2) the ego determines the non-ego. As

determined the ego is theoretical, as determining it is practical;

ultimately the opposed principles must be united by showing how the

ego is both determining and determined.

It is impossible to enter here on the steps by which the theoretical

ego is shown to develop into the complete system of cognitive

categories, or to trace the deduction of the processes (productive

imagination, intuition, sensation, understanding, judgment, reason) by

which the quite indefinite non-ego comes to assume the appearance of

definite objects in the forms of time and space. All this evolution is

the necessary consequence of the determination of the ego by the

non-ego. But it is clear that the non-ego cannot really determine the

ego. There is no reality beyond the ego itself. The contradiction can

only be suppressed if the ego itself opposes to itself the non-ego,

places it as an _Anstoss_ or plane on which its own activity breaks

and from which it is reflected. Now, this op-positing of the _Anstoss_

is the necessary condition of the practical ego, of the will. If the

ego be a striving power, then of necessity a limit must be set by

which its striving is manifest. But how can the infinitely active ego

posit a limit to its own activity? Here we come to the _crux_ of

Fichte's system, which is only partly cleared up in the _Rechtslehre_

and _Sittenlehre_. If the ego be pure activity, free activity, it can

only become aware of itself by positing some limit. We cannot possibly

have any cognition of how such an act is possible. But as it is a free

act, the ego cannot be determined to it by anything beyond itself; it

cannot be aware of its own freedom otherwise than as determined by

other free egos. Thus in the _Rechtslehre_ and _Sittenlehre_, the

multiplicity of egos is deduced, and with this deduction the first

form of the _Wissenschaftslehre_ appeared to end.

(c) But in fact deeper questions remained. We have spoken of the ego

as becoming aware of its own freedom, and have shown how the existence

of other egos and of a world in which these egos may act are the

necessary conditions of consciousness of freedom. But all this is the

work of the ego. All that has been expounded follows if the ego comes

to consciousness. We have therefore to consider that the absolute ego,

from which spring all the individual egos, is not subject to these

conditions, but freely determines itself to them. How is this

absolute ego to be conceived? As early as 1797 Fichte had begun to see

that the ultimate basis of his system was the absolute ego, in which

is no difference of subject and object; in 1800 the _Bestimmung des

Menschen_ defined this absolute ego as the infinite moral will of the

universe, God, in whom are all the individual egos, from whom they

have sprung. It lay in the nature of the thing that more precise

utterances should be given on this subject, and these we find in the

_Thatsachen des Bewusstseyns_ and in all the later lectures. God in

them is the absolute Life, the absolute One, who becomes conscious of

himself by self-diremption into the individual egos. The individual

ego is only possible as opposed to a non-ego, to a world of the

senses; thus God, the infinite will, manifests himself in the

individual, and the individual has over against him the non-ego or

thing. "The individuals do not make part of the being of the one life,

but are a pure form of its absolute freedom." "The individual is not

conscious of himself, but the Life is conscious of itself in

individual form and as an individual." In order that the Life may act,

though it is not necessary that it _should act_, individualization is

necessary. "Thus," says Fichte, "we reach a final conclusion.

Knowledge is not mere knowledge of itself, but of being, and of the

one being that truly is, viz. God.... This one possible object of

knowledge is never known in its purity, but ever broken into the

various forms of knowledge which are and can be shown to be necessary.

The demonstration of the necessity of these forms is philosophy or

_Wissenschaftslehre_" (_Thats. des Bewuss. Werke_, ii. 685). This

ultimate view is expressed throughout the lectures (in the _Nachgel.

Werke_) in uncouth and mystical language.

It will escape no one (1) how the idea and method of the

_Wissenschaftslehre_ prepare the way for the later Hegelian dialectic,

and (2) how completely the whole philosophy of Schopenhauer is

contained in the later writings of Fichte. It is not to the credit of

historians that Schopenhauer's debt should have been allowed to pass

with so little notice.

BIBLIOGRAPHY.--Fichte's complete works were published by his son J.H.

Fichte, _Sammtliche Werke_ (8 vols., Berlin, 1845-1846), with

_Nachgelassene Werke_ (3 vols., Bonn, 1834-1835); also _Leben und

Briefwechsel_ (2 vols., 1830, ed. 1862). Among translations are those

of William Smith, _Popular Writings of Fichte, with Memoir_ (2 vols.,

London, 1848-1849, 4th ed. 1889); A.E. Kroeger, portions of the

_Wissenschaftslehre_ (_Science of Knowledge_, Philadelphia, 1868; ed.

London, 1889), the _Naturrecht_ (_Science of Rights_, 1870; ed.

London, 1889); of the _Vorlesungen u. d. Bestimmung d. Gelehrten_

(_The Vocation of the Scholar_, by W. Smith, 1847); _Destination of

Man_, by Mrs P. Sinnett; _Discours a la nation allemande_, French by

Leon Philippe (1895), with preface by F. Picavet, and a biographical

memoir.

The number of critical works is very large. Besides the histories of

post-Kantian philosophy by Erdmann, Fortlage (whose account is

remarkably good), Michelet, Biedermann and others, see Wm. Busse,

_Fichte und seine Beziehung zur Gegenwart des deutschen Volkes_

(Halle, 1848-1849); J.H. Lowe, _Die Philosophic Fichtes_ (Stuttgart,

1862); Kuno Fischer, _Geschichte d. neueren Philosophie_ (1869, 1884,

1890); Ludwig Noack, _Fichte nach seinem Leben, Lehren und Wirken_

(Leipzig, 1862); R. Adamson, Fichte (1881, in Knight's "Philosophical

Classics"); Oscar Benzow, _Zu Fichtes Lekre von Nicht-Ich_ (Bern,

1898); E.O. Burmann, _Die Transcendentalphilosophie Fichtes und

Schellings_ (Upsala, 1890-1892); M. Carriere, _Fichtes

Geistesentwickelung in die Reden uber d. Bestimmung des Gelehrten_

(1894); C.C. Everett, _Fichte's Science of Knowledge_ (Chicago, 1884);

O. Pfleiderer, J.G. _Fichtes Lebensbild eines deutschen Denkers und

Patrioten_ (Stuttgart, 1877); T. Wotschke, _Fichte und Erigena_

(1896); W. Kabitz, _Studien zur Entwickelungsgeschichte der Fichtehen

Wissenschaftslehre aus der Kantischen Philosophie_ (1902); E. Lask,

_Fichtes Idealismus und die Geschichte_ (1902); X. Leon, _La Philos.

de Fichte_ (1902); M. Wiener, J.G. _Fichtes Lehre vom Wesen und Inhalt

der Geschichte_ (1906).

On Fichte's social philosophy see, e.g., F. Schmidt-Warneck, _Die

Sociologie Fichtes_ (Berlin, 1884); W. Windelband, _Fichtes Idee des

deutschen Staates_ (1890); M. Weber, _Fichtes Sozialismus und sein

Verhaltnis zur Marx'schen Doctrin_ (1900); S.H. Gutman, J.G. _Fichtes

Sozialpadogogik_ (1907); H. Lindau, _Johann G. Fichte und der neuere

Socialismus_ (1900). (R. Ad.; X.)

FICHTELGEBIRGE, a mountain group of Bavaria, forming the centre from which

various mountain ranges proceed,--the Elstergebirge, linking it to the

Erzgebirge, in a N.E., the Frankenwald in a N.W., and the Bohmerwald in a

S.E. direction. The streams to which it gives rise flow towards the four

cardinal points,--e.g. the Eger eastward and the Saale northward, both to

the Elbe; the Weisser Main westward to the Rhine, and the Naab southward

to the Danube. The chief points of the mass are the Schneeberg and the

Ochsenkopf, the former having a height of 3448, and the latter of 3356 ft.

The whole district is pretty thickly populated, and there is great

abundance of wood, as well as of iron, vitriol, sulphur, copper, lead and

many kinds of marble. The inhabitants are employed chiefly in the iron

mines, at forges and blast furnaces, and in charcoal burning and the

manufacture of blacking from firewood. Although surrounded by railways and

crossed by the lines Nuremberg-Eger and Regensburg-Oberkotzau, the

Fichtelgebirge, owing principally to its raw climate and bleakness, is not

much visited by strangers, the only important points of interest being

Alexandersbad (a delightfully situated watering-place) and the granite

labyrinth of Luisenburg.

See A. Schmidt, _Fuhrer durch das Fichtelgebirge_ (1899); Daniel,

_Deutschland_; and Meyer, _Conversations-Lexikon_ (1904).

FICINO, MARSILIO (1433-1499), Italian philosopher and writer, was born

at Figline, in the upper Arno valley, in the year 1433. His father, a

physician of some eminence, settled in Florence, and attached himself to

the person of Cosimo de' Medici. Here the young Marsilio received his

elementary education in grammar and Latin literature at the high school

or studio pubblico. While still a boy, he showed promise of rare

literary gifts, and distinguished himself by his facility in the

acquisition of knowledge. Not only literature, but the physical

sciences, as then taught, had a charm for him; and he is said to have

made considerable progress in medicine under the tuition of his father.

He was of a tranquil temperament, sensitive to music and poetry, and

debarred by weak health from joining in the more active pleasures of his

fellow-students. When he had attained the age of eighteen or nineteen

years, Cosimo received him into his household, and determined to make

use of his rare disposition for scholarship in the development of a

long-cherished project. During the session of the council for the union

of the Greek and Latin churches at Florence in 1439, Cosimo had made

acquaintance with Gemistos Plethon, the Neo-Platonic sage of Mistra,

whose discourses upon Plato and the Alexandrian mystics so fascinated

the learned society of Florence that they named him the second Plato. It

had been the dream of this man's whole life to supersede both forms of

Christianity by a semi-pagan theosophy deduced from the writings of the

later Pythagoreans and Platonists. When, therefore, he perceived the

impression he had made upon the first citizen of Florence, Gemistos

suggested that the capital of modern culture would be a fit place for

the resuscitation of the once so famous Academy of Athens. Cosimo took

this hint. The second half of the 15th century was destined to be the

age of academies in Italy, and the regnant passion for antiquity

satisfied itself with any imitation, however grotesque, of Greek or

Roman institutions. In order to found his new academy upon a firm basis

Cosimo resolved not only to assemble men of letters for the purpose of

Platonic disputation at certain regular intervals, but also to appoint a

hierophant and official expositor of Platonic doctrine. He hoped by

these means to give a certain stability to his projected institution,

and to avoid the superficiality of mere enthusiasm. The plan was good;

and with the rare instinct for character which distinguished him, he

made choice of the right man for his purpose in the young Marsilio.

Before he had begun to learn Greek, Marsilio entered upon the task of

studying and elucidating Plato. It is known that at this early period of

his life, while he was yet a novice, he wrote voluminous treatises on

the great philosopher, which he afterwards, however, gave to the flames.

In the year 1459 John Argyropoulos was lecturing on the Greek language

and literature at Florence, and Marsilio became his pupil. He was then

about twenty-three years of age. Seven years later he felt himself a

sufficiently ripe Greek scholar to begin the translation of Plato, by

which his name is famous in the history of scholarship, and which is

still the best translation of that author Italy can boast. The MSS. on

which he worked were supplied by this patron Cosimo de' Medici and by

Amerigo Benci. While the translation was still in progress Ficino from

time to time submitted its pages to the scholars, Angelo Poliziano,

Cristoforo Landino, Demetrios Chalchondylas and others; and since these

men were all members of the Platonic Academy, there can be no doubt that

the discussions raised upon the text and Latin version greatly served to

promote the purpose of Cosimo's foundation. At last the book appeared

in 1482, the expenses of the press being defrayed by the noble

Florentine, Filippo Valori. About the same time Marsilio completed and

published his treatise on the Platonic doctrine of immortality

(_Theologia Platonica de immortalitate animae_), the work by which his

claims to take rank as a philosopher must be estimated. This was shortly

followed by the translation of Plotinus into Latin, and by a voluminous

commentary, the former finished in 1486, the latter in 1491, and both

published at the cost of Lorenzo de' Medici just one month after his

death. As a supplement to these labours in the field of Platonic and

Alexandrian philosophy, Marsilio next devoted his energies to the

translation of Dionysius the Areopagite, whose work on the celestial

hierarchy, though recognized as spurious by the Neapolitan humanist,

Lorenzo Valla, had supreme attraction for the mystic and uncritical

intellect of Ficino.

It is not easy to value the services of Marsilio Ficino at their proper

worth. As a philosopher, he can advance no claim to originality, his

laborious treatise on Platonic theology being little better than a mass

of ill-digested erudition. As a scholar, he failed to recognize the

distinctions between different periods of antiquity and various schools

of thought. As an exponent of Plato he suffered from the fatal error of

confounding Plato with the later Platonists. It is true that in this

respect he did not differ widely from the mass of his contemporaries.

Lorenzo Valla and Angelo Poliziano, almost alone among the scholars of

that age, showed a true critical perception. For the rest, it was enough

that an author should be ancient to secure their admiration. The whole

of antiquity seemed precious in the eyes of its discoverers; and even a

thinker so acute as Pico di Mirandola dreamed of the possibility of

extracting the essence of philosophical truth by indiscriminate

collation of the most divergent doctrines. Ficino was, moreover, a firm

believer in planetary influences. He could not separate his

philosophical from his astrological studies, and caught eagerly at any

fragment of antiquity which seemed to support his cherished delusions.

It may here be incidentally mentioned that this superstition brought him

into trouble with the Roman Church. In 1489 he was accused of magic

before Pope Innocent VIII., and had to secure the good offices of

Francesco Soderini, Ermolao Barbaro, and the archbishop Rinaldo Orsini,

in order to purge himself of a most perilous imputation. What Ficino

achieved of really solid, was his translation. The value of that work

cannot be denied; the impulse which it gave to Platonic studies in

Italy, and through them to the formation of the new philosophy in

Europe, is indisputable. Ficino differed from the majority of his

contemporaries in this that, while he felt the influence of antiquity no

less strongly than they did, he never lost his faith in Christianity, or

contaminated his morals by contact with paganism. For him, as for

Petrarch, St Augustine was the model of a Christian student. The

cardinal point of his doctrine was the identity of religion and

philosophy. He held that philosophy consists in the study of truth and

wisdom, and that God alone is truth and wisdom,--so that philosophy is

but religion, and true religion is genuine philosophy. Religion, indeed,

is common to all men, but its pure form is that revealed through Christ;

and the teaching of Christ is sufficient to a man in all circumstances

of life. Yet it cannot be expected that every man should accept the

faith without reasoning; and here Ficino found a place for Platonism. He

maintained that the Platonic doctrine was providentially made to

harmonize with Christianity, in order that by its means speculative

intellects might be led to Christ. The transition from this point of

view to an almost superstitious adoration of Plato was natural; and

Ficino, we know, joined in the hymns and celebrations with which the

Florentine Academy honoured their great master on the day of his birth

and death. Those famous festivals in which Lorenzo de' Medici delighted

had indeed a pagan tone appropriate to the sentiment of the Renaissance;

nor were all the worshippers of the Athenian sage so true to

Christianity as his devoted student.

Of Ficino's personal life there is but little to be said. In order that

he might have leisure for uninterrupted study, Cosimo de' Medici gave

him a house near S. Maria Nuova in Florence, and a little farm at

Montevecchio, not far from the villa of Careggi. Ficino, like nearly all

the scholars of that age in Italy, delighted in country life. At

Montevecchio he lived contentedly among his books, in the neighbourhood

of his two friends, Pico at Querceto, and Poliziano at Fiesole, cheering

his solitude by playing on the lute, and corresponding with the most

illustrious men of Italy. His letters, extending over the years

1474-1494, have been published, both separately and in his collected

works. From these it may be gathered that nearly every living scholar of

note was included in the list of his friends, and that the subjects

which interested him were by no means confined to his Platonic studies.

As instances of his close intimacy with illustrious Florentine families,

it may be mentioned that he held the young Francesco Guicciardini at the

font, and that he helped to cast the horoscope of the Casa Strozzi in

the Via Tornabuoni.

At the age of forty Ficino took orders, and was honoured with a canonry

of S. Lorenzo. He was henceforth assiduous in the performance of his

duties, preaching in his cure of Novoli, and also in the cathedral and

the church of the Angeli at Florence. He used to say that no man was

better than a good priest, and none worse than a bad one. His life

corresponded in all points to his principles. It was the life of a

sincere Christian and a real sage,--of one who found the best fruits of

philosophy in the practice of the Christian virtues. A more amiable and

a more harmless man never lived; and this was much in that age of

discordant passions and lawless licence. In spite of his weak health, he

was indefatigably industrious. His tastes were of the simplest; and

while scholars like Filelfo were intent on extracting money from their

patrons by flattery and threats, he remained so poor that he owed the

publication of all his many works to private munificence. For his old

patrons of the house of Medici Ficino always cherished sentiments of the

liveliest gratitude. Cosimo he called his second father, saying that

Ficino had given him life, but Cosimo new birth,--the one had devoted

him to Galen, the other to the divine Plato,--the one was physician of

the body, the other of the soul. With Lorenzo he lived on terms of

familiar, affectionate, almost parental intimacy. He had seen the young

prince grow up in the palace of the Via Larga, and had helped in the

development of his rare intellect. In later years he did not shrink from

uttering a word of warning and advice, when he thought that the master

of the Florentine republic was too much inclined to yield to pleasure. A

characteristic proof of his attachment to the house of Medici was

furnished by a yearly custom which he practised at his farm at

Montevecchio. He used to invite the contadini who had served Cosimo to a

banquet on the day of Saints Cosimo and Damiano (the patron saints of

the Medici), and entertained them with music and singing. This affection

was amply returned. Cosimo employed almost the last hours of his life in

listening to Ficino's reading of a treatise on the highest good; while

Lorenzo, in a poem on true happiness, described him as the mirror of the

world, the nursling of sacred muses, the harmonizer of wisdom and beauty

in complete accord. Ficino died at Florence in 1499.

Besides the works already noticed, Ficino composed a treatise on the

Christian religion, which was first given to the world in 1476, a

translation into Italian of Dante's _De monarchia_, a life of Plato, and

numerous essays on ethical and semi-philosophical subjects. Vigour of

reasoning and originality of view were not his characteristics as a

writer; nor will the student who has raked these dust-heaps of

miscellaneous learning and old-fashioned mysticism discover more than a

few sentences of genuine enthusiasm and simple-hearted aspiration to

repay his trouble and reward his patience. Only in familiar letters,

prolegomena, and prefaces do we find the man Ficino, and learn to know

his thoughts and sentiments unclouded by a mist of citations; these

minor compositions have therefore a certain permanent value, and will

continually be studied for the light they throw upon the learned circle

gathered round Lorenzo in the golden age of humanism.

The student may be referred for further information to the following

works:--_Marsilii Ficini opera_ (Basileae, 1576); _Marsilii Ficini

vita_, auctore Corsio (ed. Bandini, Pisa, 1771); Roscoe's _Life of

Lorenzo de' Medici_; Pasquale Villari, _La Storia di Girolamo

Savonarola_ (Firenze, Le Monnier, 1859); Von Reumont, _Lorenzo de'

Medici_ (Leipzig, 1874). (J. A. S.)

FICKSBURG, a town of Orange Free State 110 m. by rail E. by N. of

Bloemfontein. Pop. (1904) 1954, of whom 1021 were whites. The town is

situated near the north bank of the Caledon river and is the capital of

one of the finest agricultural and stock-raising regions of the

province. It has direct railway communication with Natal and an

extensive trade. In the neighbourhood are petroleum wells and a diamond

mine. In the fossilized ooze of the Wonderkop, a table mountain of the

adjacent Wittebergen, are quantities of petrified fish.

FICTIONS, or legal fictions, in law, the term used for false averments,

the truth of which is not permitted to be called in question. English

law as well as Roman law abounds in fictions. Sometimes they are merely

the condensed expression of a rule of law,--e.g., the fiction of English

law that husband and wife were one person, and the fiction of Roman law

that the wife was the daughter of the husband. Sometimes they must be

regarded as reasons invented in order to justify a rule of law according

to an implied ethical standard. Of this sort seems to be the fiction or

presumption that every one knows the law, which reconciles the rule that

ignorance is no excuse for crime with the moral commonplace that it is

unfair to punish a man for violating a law of whose existence he was

unaware. Again, some fictions are deliberate falsehoods, adopted as true

for the purpose of establishing a remedy not otherwise attainable. Of

this sort are the numerous fictions of English law by which the

different courts obtained jurisdiction in private business, removed

inconvenient restrictions in the law relating to land, &c.

What to the scientific jurist is a stumbling-block is to the older

writers on English law a beautiful device for reconciling the strict

letter of the law with common sense and justice. Blackstone, in noticing

the well-known fiction by which the court of king's bench established

its jurisdiction in common pleas (viz. that the defendant was in custody

of the marshal of the court), says, "These fictions of law, though at

first they may startle the student, he will find upon further

consideration to be highly beneficial and useful; especially as this

maxim is ever invariably observed, that no fiction shall extend to work

an injury; its proper operation being to prevent a mischief or remedy an

inconvenience that might result from the general rule of law. So true it

is that _in fictione juris semper subsistit aequitas_." Austin, on the

other hand, while correctly assigning as the cause of many fictions the

desire to combine the necessary reform with some show of respect for the

abrogated law, makes the following harsh criticism as to others:--"Why

the plain meanings which I have now stated should be obscured by the

fictions to which I have just adverted I cannot conjecture. A wish on

the part of the authors of the fictions to render the law as

_uncognoscible_ as may be is probably the cause which Mr Bentham would

assign. I judge not, I confess, so uncharitably; I rather impute such

fictions to the sheer imbecility (or, if you will, to the active and

sportive fancies) of their grave and venerable authors, than to any

deliberate design, good or evil." Bentham, of course, saw in fictions

the instrument by which the great object of his abhorrence, _judiciary

law_, was produced. It was the means by which judges usurped the

functions of legislators. "A fiction of law." he says, "may be defined

as a wilful falsehood, having for its object the stealing legislative

powers by and for hands which could not or durst not openly claim it,

and but for the delusion thus produced could not exercise it." A

partnership, he says, was formed between the kings and the judges

against the interests of the people. "Monarchs found force, lawyers

fraud; thus was the capital found" (_Historical Preface to the second

edition of the Fragment on Government_).[1]

Sir H. Maine (_Ancient Law_) supplies the historical element which is

always lacking in the explanations of Austin and Bentham. Fictions form

one of the agencies by which, in progressive societies, positive law is

brought into harmony with public opinion. The others are equity and

statutes. Fictions in this sense include, not merely the obvious

falsities of the English and Roman systems, but any assumption which

conceals a change of law by retaining the old formula after the change

has been made. It thus includes both the case law of the English and the

_Responsa Prudentum_ of the Romans. "At a particular stage of social

progress they are invaluable expedients for overcoming the rigidity of

law; and, indeed, without one of them, the fiction of adoption, which

permits the family tie to be artificially created, it is difficult to

understand how society would ever have escaped from its swaddling

clothes, and taken its first steps towards civilization."

The bolder remedial fictions of English law have been to a large extent

removed by legislation, and one great obstacle to any reconstruction of

the legal system has thus been partially removed. Where the real remedy

stood in glaring contrast to the nominal rule, it has been openly

ratified by statute. In ejectment cases the mysterious sham litigants

have disappeared. The bond of entail can be broken without having

recourse to the collusive proceedings of fine and recovery. Fictions

have been almost entirely banished from the procedure of the courts. The

action for damages on account of seduction, which is still nominally an

action by the father for loss of his daughter's services, is perhaps the

only fictitious action now remaining.

Fictions which appear in the form of principles are not so easily dealt

with by legislation. To expel them formally from the system would

require the re-enactment of vast portions of law. A change in legal

modes of speech and thought would be more effective. The legal mind

instinctively seizes upon concrete aids to abstract reasoning. Many hard

and revolting fictions must have begun their career as metaphors. In

some cases the history of the change may still almost be traced. The

conception that a man-of-war is a floating island, or that an

ambassador's house is beyond the territorial limits of the country in

which he resides, was originally a figure of speech designed to set a

rule of law in a striking light. It is then gravely accepted as true in

fact, and other rules of law are deduced from it. Its beginning is to be

compared with such phrases as "an Englishman's house is his castle,"

which have had no legal offshoots and still remain mere figures of

speech.

Constitutional law is of course honeycombed with fictions. Here there is

hardly ever anything like direct legislative change, and yet real change

is incessant. The rules defining the sovereign power and fixing the

authority of its various members are in most points the same as they

were at the last revolution,--in many points they have been the same

since the beginning of parliamentary government. But they have long

ceased to be true in fact; and it would hardly be too much to say that

the entire series of formal propositions called the constitution is

merely a series of fictions. The legal attributes of the king, and even

of the House of Lords, are fictions. If we could suppose that the

effects of the Reform Acts had been brought about, not by legislation,

but by the decisions of law courts and the practice of House of Commons

committees--by such assumptions as that freeholder includes lease-holder

and that ten means twenty--we should have in the legal constitution of

the House of Commons the same kind of fictions that we find in the legal

statement of the attributes of the crown and the House of Lords. Here,

too, fictions have been largely resorted to for the purpose of

supporting particular theories,--popular or monarchical,--and such have

flourished even more vigorously than purely legal fictions.

Encyclopaedia Britannica, 11th Edition, "Fenton, Edward" to "Finistere" Volume 10, Slice 3 · 第 17 / 35 题