Brandeis Part 7: The Philosophy of Law

Functionalism and Structuralism were the first two main fields of early psychology. Functionalism the study of our purpose, between the action and the resulting output. William James’ Functionalism, based in Darwinism, approaches the mind as a functional tool adaptive to external stimulus inherent to our survival instincts. Structuralism, founded by Wilhelm Wundt as a modern academic discipline, was the first attempt at experimental, research-based study of the human being. Large numbers of American students, inspired by Prussian wissenschaft, travelled to Prussia, and the most popular were the social sciences: economics, history, sociology, psychology etc.  Wundt’s “new psychology” an important aspect to the German Historical School, which served as a tool to “transfer culture from the Old to the New World” and was made up of three groups divided only by time. German Historical School in American Scholarship: A Study in the Transfer of Culture, Jurgen Herbst, Professor Emeritus of Educational Policy Studies and History, University of Wisconsin Madison, and Wesleyan University. Educated at Harvard.

The Older School, of the early to mid 1800’s dominated by the pioneering founders of the historical philosophy, including Karl Knies, Wilhelm Roscher, and Hugo Hildebrand.

The Younger School was the second group, influential during the mid to late 1800’s, key leaders were Gustav von Schmoller and Adolph Wagner.

The Youngest School, of the late 1800’s and early 1900’s, were the more modern German Historical thinkers, Werner Sombart and Max Weber. Weber central in the development of the social sciences during the last century and a direct descendent of German Historical School philosophy. (2)

Professors of all three eras considered strong supporters of Staatssoziolismus, or State Socialism. They were Sozialpollitikers, concerned mainly with Prussian “national social policy reform”. This philosophy emanating from much heralded and respected at the time German universities at Gottingen, Berlin, Leipzig, Heidelberg, Freiburg, Halle, Tubingen, Bonn, and Munich. Professors of all three schools considered strong supporters of Staatssoziolismus, or State Socialism. 

As revealed in Brandeis Part 6: The Science of Law, the founders of sociology (Ross, Small, Ward, Howard et al.), nearly to a man: following the completion of a Liberal Arts degree in the US, attended prestigious German universities receiving PhD’s under eminent German liberal professors (progressives), in the latter half of the 19th century, and then, returned to America to pioneer the founding of the entire academic field of sociology, or what they called then, the social sciences. We showed how these founders then joined with Nathan Roscoe Pound, (Phi Beta Kappa, Dean of the Harvard Law School, 33rd degree Master Mason), in combining their social science with a new philosophy of law, founding our modern sociological jurisprudence.

Hugo Hildebrand, of the Older School.

Gustav von Schmoller, of the Younger School.

In this study, we consider the philosophical influences of Prussian/German intellectuals, mostly from the German Historical School, on the founding of not just our Western K-12 education system, but the fields of American sociology, psychology, psychiatry, economics, and history, and in doing so, forming the general philosophy of social science in America. 

“The case investigated here is the rise and decline of the German historical school of social science in the United States between the founding of The Johns Hopkins University in 1876 and the outbreak of war in Europe in 1914. By the German historical school of social science in America I mean those men in university departments of history, political science, economics, and sociology who had been trained in Germany and who regarded themselves as disciples of the German historical school. My concern has been with what these scholars discovered in Germany that they deemed worthy of introduction into American higher education.” (3)

The founders of nothing less than the entire western education system itself. Edward Everett, Phi Beta Kappa, the very first American PhD, president of Harvard and Secretary of State, along with the very “father of American education”, Horace Mann, were both instrumental in implementing the Prussian model into the US through Massachusetts, New York, and Michigan in the 1830’s. Mann through his appointment as Secretary of the Massachusetts Board of Education in 1837 began adoption of the Prussian model into America. An underlying fundamental framework of general education needed to be laid down first before the application of the many layers of social sciences. Mann making mandatory ‘universal education for all’ with the admitted intention of creating a universal group mind.

We can see it in the timeline, there was needed, before anything else, an underlying, fundamental framework of general education for all no matter sex, creed, or character, before they could then apply the many layered social sciences. Mann making mandatory ‘universal education for all’ starting in Massachusetts in 1852, exactly fifty years before John D. Rockefeller’s General Education Board established the Prussian model across the United States.

Edward Everett, 15th Governor of Massachusetts when Mann was head of Massachusetts School Board. He was an expert in Roman Law, met with Wilhelm von Humboldt, the founder of the University of Berlin. The Humboltian Education Ideal is the Prussian education model borrowed into America. In 1817, Everett graduated Gottingen, becoming the first American to receive a PhD.

Karl Knies

Karl Knies is a founder of the German Historical School and author of the “most consequent methodological reflection in the German Historical School, Political Economy From the Viewpoint of Historical Method (1853).”

Knies taught at Freiburg in 1855 before moving to Heidelberg in 1865 to teach General Economic Theory, Public Finance, and Applied Economics and Economic Policy. 

Knies heavily influenced by Bruno Hildebrand, another founder of the Historical School, who also, as fits the pattern, founded the first Statistical Office in Bern and Thuringia, and the necessary concomitant, the Journal of Economics and Statistics. (4)

Johann Kaspar Bluntschli, along with Francis Leiber and Eduard Rene de Laboulaye codified the very first modern standards of international law and war. Bluntschli writing A General Theory of State in 1851. Bluntschli was a Freemason Master of Lodge Ruprecht zu den funf Rosen. Bluntchli also one of the founders of the Institute of International Law, today the organization is considered the most authoritative world academy of international law.

Gustav Ratzenhofer was the president of the high military court in Vienna, wrote on military law and advocated the philosophies of Herbert Spencer, Charles Darwin, and Auguste Comte as created what he described as a ‘positive monism’. His works centered on the evolutionary aspects of human associations, reduced social phenomena to the physical, chemical, and biological, and located man’s fundamental drives in his biological nature.” Gustav Ratzenhofer,

Gustav von Schmoller known in Germany primarily as a social reformer, taught both pioneering American economists Richard T. Ely and Edwin Seligman and founding American sociologist Albion Woodbury Small as well as the outspoken American socialist, W. E. B. DuBois. Seligman a founder of the American Economic Association and the American Association of University Professors. Seligman, with the assistance of E. A. Ross were responsible for America’s very first progressive income tax.

Wilhelm Wundt

William James

The vast majority of the men on the facing page eugenicists, followers of Herbert Spencer’s ‘survival of the fittest’ and ‘social Darwinism’. Followers of experimental psychology as a general industry-wide philosophy. Jastrow’s wife the sister of the founder of Hadassah Henrietta Szold. His father a Talmud scholar. Terman’s son invents Silicon Valley. Thorndike inspires Watson, Pavlov, and B.F. Skinner.

Wilhelm Wundt is considered the “father of experimental psychology”, or “scientific psychology”. A leader in the “new psychology” of Prussia, he founded the first experimental psychology laboratory at Leipzig around the time William James was doing the same thing at Harvard. Wundt awarding the first ever PhD’s to foreigners to a number of American pioneers of Western education and the social sciences.

Both Richard T. Ely and James McKeen Cattell, pioneers in psychology and economics respectively, were taught by Wilhelm Wundt. Other notable students of Wundt’s experimental laboratories include pioneers in psychology, psychiatry, and sociology: James Mark Baldwin, Emile Durkheim, G. Stanley Hall, Walter Dill Scott, Lightner Witmer, Charles Hubbard Judd, August Kirschmann, George Herbert Mead, Hugo Munsterberg, Edward Titchener, and Wilhelm Wirth. In all Wundt awarded 18 PhD’s to American educators.

Granville Stanley Hall

Richard T. Ely

The biological sociologies largely beginning with Darwin’s theory of evolution as it relates to the animal kingdom and the Herbert Spencer’s appropriation of Darwin’s theories upon that of the human being and to the larger idea of society in general. Because “human relations are bound together in marvelous complexity” parallels were being drawn to the similarly complex biological relations being presented in Darwin’s theory of evolution. “What if these biological relations should turn out to be the pattern of human relations?” (5)

The social sciences brought into unity once abstract and disconnected studies of the human experience into a cohesive interdisciplinary nearly living organism. Small stating that “a network of causes and effects weaves the life of men through the ages and around the world into a connected whole. That is, human experience throughout its length and breadth is a unity.”

And, according to Small, this new knowledge did not deserve to be ranked as a science of human experience unless it mirrored the interconnectedness and “reciprocal influences of which we find real life to be composed.” Here we see the very earliest conceptions later expanded upon during the Macy Conferences. The early thoughts of interdisciplinary cross over of knowledge between the sciences to better understand the human condition.

“More than any other American sociologist, Albion W. Small has mediated to us the results of European scholarship. The intellectual world is now one society. No nation would have had anything approaching its present scientific development without the collaboration of the scientists of different nations. Indeed, science as a national phenomenon is unthinkable. It is a part of the life of “the great society.” (6)

“while sociology as developed by men like Small and Ward and Giddings and Ross was largely a protest against individualism of the type suggested by the phrases “laissez faire” and “every man for himself. IT has been said that the meeting of the American Economic Association held in Philadelphia in 1917, including a joint session with the American Sociological Society, celebrated the funeral obsequies of the doctrine of laissez faire. But it would hardly be too much to say that during the first decades of Professor Small’s connection with the University of Chicago that doctrine was the summary and conclusion of economic teaching as presented by the majority of its professors in the United States.” (7)

The Cameralists were practitioners of the German science of public administration of the 18th and early 19th century Prussia and Sweden. They were the pioneers in economic, environmental, and administrative knowledge and technology. The centralization of the State through the collection and interpretation of statistical and quantitative data (meta data) for long term economic State planning. Camera in this definition meaning a private legislative or judicial chamber. As in, a room full of advisors, behind closed doors making decisions. The rise of the expert. Interesting also to note here that camera in the Latin root means ‘private’ while to us camera and ‘private’ have a very opposite definition, the two nearly antonyms.

It was the science of good government born out of the Renaissance. Combining the utilitarian agenda of enlightened absolutism with these new ideas in the social sciences. Cameralism consisted of three subfields: camera, oeconomie, and Polizei (Policey). An overall Oeconomie consisting of everything that makes up the relationship between the State and society (social sciences).  It’s primary concern was the management of the finances of the State with a goal of certain social outcomes. To make efficient the State’s ability to draw from its labour. The idea of Statecraft is born. Efficiency of State. Preparedness against threats of neighbouring countries. To make everyone a utility of the State. To use each and every citizen in a pragmatic means to an end.  The ultimate in disrespect. The very definition of using someone.

Horace Mann’s First Normal School. Masonic square and compass on front window.

James McKeen Cattell

John Dewey, one of the most well-known Progressive reformers of the era, and one of the most prominent members of the experimental school of psychology of the 20th Century, and founder of pragmatism. After graduating Phi Beta Kappa at Vermont, he attended Johns Hopkins University, learning the progressive ways of Prussian intellectuals. Dewey founds the University of Chicago Laboratory Schools, where he was able to experiment on means and method. Dewey’s progressive education ideas combined with Horace Mann’s Masonic developed Normal School system, and the Whole Language approach, while highly contentious when implemented still very much around today and found in State standard initiatives like Common Core or products like Hooked on Phonics.

The masses motivated by nice sounding catchphrases and the promised improvement of education through increased standardization, and as of 2015, the Every Student Succeeds Act the next No Child Left Behind as the progressive standard of education in America continues to move forward. No matter who is president, the progressive wheel turns unabated because, while it may not be living up to the expectations of the general public, to these admitted social engineers, this progressive perpetual motion machine has been running just fine thank-you-very-much, for well over one hundred years now.

So, you can see how they travel to Prussia post-grad, where they are then taught the methods used during the Prussian reformation to then change American society upon return by creating their own laboratories and establishing the first networks with each other they become the political philosopher, the thought leader, the entering wedge, their primary goal is persuasion, and this is the delicate dark art, using their position, their influence, their authority to fan the radical winds of social change, with each positioned at their assigned node within the larger distributive network connecting the nation.

The invention of the social sciences absolutely critical, in that it enabled these social engineers to study, gather and compute information and then from that derive their next steps and enacting change in behaviours through applied science and more observation. The giant feedback loop acting as the social engine to a larger progressive wheel turning.

The Metaphysical Club: Oliver Wendell Holmes, William James, Charles Pierce, John Dewey. The introduction into America of Prussian philosophy, The transformation of soft sciences once thought illegitimate now commonplace may be one of the largest philosophical operations in human history. The book written by Louis Menand, who just so happens to make an another appearance in our series, he was the keynote speaker at the 2022 Walter Lippmann Conference in which the main topic of discussion was ‘the crisis of the expert’. The rise of the university system a critical component to a universal education, and many of these same men involved in the creation of the American Association of American Universities and the Association of American Professors, and the campus a place where all of the social sciences cohabitate, blended interdisciplinarily, and the university, particularly the research university becomes the center for intelligence gathering and application.

Auguste Comte’s Positivism

“early attempts to interpret the unique unity of human experience may be reduced to three species: the sentimental, the mathematical, and the biological … The sentimental species of sociologists  … range from Fourier, with his harmony of the human passions and his scheme of standardizing human society in blocks of sixteen hundred persons, and Robert Owen, with  his co-operative factories … The mathematical sociologists typified by Auguste Comte.” (8)

“Comte thought of the universe and all it contained as a unity of two complementary systems of mechanism: namely, celestial physics and terrestrial physics … Human life in his rendering was a vast machine … social sciences [to Comte] was a technology of social machinery, a handbook of the soulless forces which turned the wheels of the ages.” (9)

“The universal reciprocity between the parts of human experience, which makes life some sort of a system of interconnections.” (10)

“In common with sociology, sociological jurisprudence has its origin in the positivist philosophers in the sense that each subject has a continuous development from Comte’s positive philosophy.” (11)

Isidore Auguste Marie François Xavier Comte

Auguste Comte considered today “the father of sociology”. Comte studied directly under founding Utopian socialist, Henry Saint-Simon. Positivism, or the scientific study of society, was what Comte referred to as, ‘the Religion of Humanity’. He names sociology the ‘Queen’ of all sciences and its practitioners ‘scientist-priests’. Roscoe Pound describing Comte’s social philosophy as a “technology of social machinery”, a “handbook” representing “the wheels of ages” being turned “by soulless forces”.

Comte’s positivism, developed as an answer to the social disorder resulting from the French Revolution, also found fertile ground with the founders of pragmatism William James and Charles Sanders Pierce, and with progressive, federal government administrators like Theodore Roosevelt, Herbert Croly, and Lester Frank Ward. It’s here we begin to see now the first signs of real social transformation, away from the farm and homestead to the steel cityscapes of our industrial modern world. Factories and machines turning wheels forging guns and swords from ploughshares and the stainless steel promise of a new American dream.

The wheels of progress that turn our world being fired up deliberately, like magnets being spun inside a matrix of copper wire and the rotation of society so necessary to Comte’s vision. Comte believed that social control would be made possible only after Darwins idea of human evolution was first established. The natural world must be comprehended before they could study and apply workable solutions. Whether it was natural law or laws of nature, they were here to master all things natural.

The background image drawn by Joseph Ramee, a depiction of Union College in Schenectady, New Jersey. The Union College a liberal arts institution and it is generally said that it is the second oldest institution of higher learning in the United States behind King’s College (Columbia University). Although Harvard (1636), William & Mary (1693), and Yale (1701), not only predate both King’s and Union Colleges, but predate the founding of American itself.

“It has been said that Comte’s sociology was a ‘technology of social machinery’, a handbook of the soulless forces which turned the wheels of the ages.” (12)

Comte most remembered as a mathematician, which should help one better understand how law operates in society today. Our modern times defined by mathematical modelling, artificial intelligence, and facial recognition concepts first conceived nearly two hundred years ago in the wildest dreams of men like Comte, Bentham, Saint-Simon, Sidney and Beatrice Webb. A plan of social control now well into the 21st century nearing completion. Into the foreground steps nothing less than the fullest realization of the welfare state. And we living today have been afforded the hind sight necessary for a critical judgement of actions taken over one hundred years ago. We agree with Josephine Goldmark, those who have come after are those who do bear truest witness, we are those with the final say.

“But the days that come after bear truest witness” – Josephine Goldmark, foreword, Pilgrims of 48’.

“Men’s minds were fascinated by the idea of laws, mathematically demonstrable, which control the operations of nature, and for a season they took, as it were, a mathematical view; they sought to find mathematical or mechanical laws according to which all things came into existence and were governed in their course of existence. This type of thinking is to be seen in the first positive philosophies of law and in the first stage of sociological jurisprudence.” (13)

“Turning next to the sociological components of Pound’s jurisprudence, it is widely recognized that they were derived largely from the writings of Lester F. Ward, Albion W. Small, and most especially E. A. Ross, who was a colleague of Pound’s at the University of Nebraska during 1901-1906. Ward was an ardent advocate of government control and social planning who believed that legislation would contribute to the organization of human experience. Similarly, Small assumed that social reform could be carried out through legal means. Due to the influence of these two men Pound approached the law as a form of ‘social engineering.’ Indeed, the idea of law as an instrument of engineering and social control at all levels of government is an integral part of Pound’s sociological jurisprudence.” (14)

A close friend of Pound’s, fellow Harvard Law professor Oliver Wendell Holmes Jr was an advocate of legal positivism. Holmes’ prediction of law theory was a key component to his jurisprudential philosophy, Holmes carrying on Comte’s tradition, believing law should be predictive. Holmes Jr. opposed to natural law stated that, “men make their own laws; that these laws do not flow from some mysterious omnipresence in the sky, and that judges are not independent mouthpieces of the infinite.”

Comte stating the same in French, “savior pour prevoir et prevoir pour pouvoir”, or to “know in order to predict and foresee in order to be able”. Comte studied directly under Utopian socialist, Henri Saint-Simon.

The Sociological movement “remembered for the crucial ideological support it gave the progressive criticism of the courts and to the expansion of state intervention in the economy.” (15)

“law reigns supreme as ‘the most specialized and highly finished engine of control employed by society.’” Pg 98, Social Control; A Survey of the Foundations of Order.

Jeremy Bentham’s Utilitarianism

Just as Pound’s sociological jurisprudence was the next step within a long line of “continuous development” emerging from Comte’s positivism, so too we can say that Comte’s study of society was largely derived from Jeremy Bentham and the larger and longer historical philosophy of utilitarianism – a pragmatic theory of society that determines right from wrong from outcomes, and holds that the most ethical, moral choice is the one that will produce the greatest pleasure for the greatest number of people.

Here again we have large philosophical ideas asking us to focus on the ends and to ignore the means. To look over here, rather than over there. To look at an image, a pseudo reality, rather than the real thing. Like many of the others in this study, Bentham referred to natural law as, “nonsense”, claiming that there existed no rights without the existence of government and that, since natural rights do not emanate from government itself, they are by definition, illegitimate.

“How the conception of politics changed in England can be traced through the lives and work of four writers – David Hume, Jeremy Bentham, John Stuart Mill, Beatrice Webb. Each represents a distinctive way of looking at politics, which has become intertwined with others and obscured in political practice, and yet remains a vital part of the political traditions in England. Nevertheless, each writer contributed to a transformed outlook on the nature of politics. It was first suggested by Jeremy Bentham; its shape was defined by John Stuart Mill; and the finished product appears in the work of Beatrice Webb …

What makes the differences among the four writers especially impressive is that in a way they all owe allegiance to the same intellectual tradition. The name, utilitarian, most readily comes to mind.  They have all been called utilitarians, and they themselves have claimed some such kinship with one another. Bentham said he had discovered the idea of utility in Hume; Mill, who first made utilitarianism a popular name, was tutored by Bentham himself, as well as by Bentham’s chief disciple, James Mill; and the Webbs often liked to describe themselves and other Fabians as latter-day utilitarians. In fact the name is misleading because it suggests that they all shared a common philosophy. But it does point to certain common sympathies. All these writers praised a common sense, matter-of-fact, concrete, experimental approach to human affairs.”

Pg. 2, The Pursuit of Certainty, Shirley Robin Letwin, University of Chicago, London School of Economics, student of Friedrich Hayek.

Bentham today considered the father of utilitarianism, and we see his philosophy of law as the main underlying foundational girders of our modern-day society. There is an undeniable continuity of form and function connecting Bentham to Comte, Henri Saint-Simon and the utopian socialists in the early 19th century to the ethical socialist movement led by the British Fabians and American Progressives. History shows Roscoe Pound, Oliver Wendell Holmes, Louis D. Brandeis, Felix Frankfurter as an extension of Bentham’s panopticon and his utilitarian approach to social control. The early answers to recidivism were mechanical and crude, paralleling the early structuralist attempts at experimental psychology both under William James at Harvard and Wilhelm Wundt at Leipzig. Their only answer, given the resources at hand, was to remove the offenders from society and have as a main exercise of their detainment, rehabilitation with possibility of reintegration.

“The problem is not merely how law-making and law-administering functions are exercised, but also how they may be exercised so as best to achieve their purpose, and what conception of these functions by those who perform them will conduce best thereto. Here, certainly, the pragmatic criterion is sound. The true juristic theory, the true juristic method, is the one that brings forth good works.” (emphasis added), pg. 598, Harvard Law Review, Sociological Jurisprudence, Its Scope and Purpose, Roscoe Pound.

Bentham’s pleasyre quotient

The Hedonic Calculator:

“By utility is meant that property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness … or to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered: if that party be the community in general, then the happiness of the community : if a particular individual, then the happiness of that individual.” Jeremy Bentham, pg. 2, An Introduction to Principles of Morals and Legislation

PLEASURES then, and the avoidance of pains, are the ends which the legislator has in view : it behoves him therefore to understand their value. Pleasures and pains are the instruments he has to work with : it behoves him therefore to understand their force, which is again, in other words, their value.

II. To a person considered by himself, the value of a pleasure or pain considered itself will be greater or less, according to the four following circumstances :

1. Its intensity. 

2. Its duration.

3. Its certainty or uncertainty. 

4. Its propinquity or remoteness.

IV. To a number of persons, with reference to each of whom the value of a pleasure or a pain is considered, it will be greater or less, according to seven circumstances :

1. Its intensity.

2. Its duration.

3. Its certainty or uncertainty.

4. Its propinquity or remoteness.

5. Us fecundity. (fertility, propagation)

6. Its purity.

7. Its extent ; that is, the number of persons to whom …  are affected by it.

The Bentham pleasure quotient.

Bentham’s pleasure calculator leading to hedonism and a society largely immersed in instant gratification while science shows delaying gratification is a prominent personality trait of the successful.

And Bentham didn’t stop at the designing utility into the penitentiary, he looked to the brutalist design of the panopticon as ideal for the housing of the poor, hospitals, schools, factories, asylums, and sanitariums.

As I have hopefully demonstrated here, the theory of predictive criminology isn’t just a modern-day dystopian Hollywood plotline, there has been a move towards crime prediction for longer than any of us have been alive, in fact, it has been the primary motivation of men searching for the perfected modes of social control for well over two hundred years and more. It’s really their holy grail, to prevent crime before it happens. I ask the reader, are we not looking at reasons behind the plot of Philip K. Dick’s psychic precogs laying in a vegetative state inside the heart of the special Precrime Division, fused by flesh to the omniscient black universe of negative human intention? Minority Report was preconditioning us to an idea once thought ridiculous yet an idea that has spanned the millennia and is setting roots today. Was Orwell created to precondition us to our inevitable future? Today there may not be a more referenced book when pointing out the oppressive nature of Western society. Orwell’s thought police investigating thought crimes are a thing of the present and newspeak relentless today in their subordination of nations through the creation of a wildly fantastical pseudo environment.

How is what we’ve uncovered here not our social contract? How is what we are talking about not exactly what Morpheus talked about when first meeting Neo?

“Let me tell you why you’re here. You are here because you know something. What you know you can’t explain, but you feel it. You felt it your entire life. You don’t know what it is but it’s there. Like a splinter in your mind. Driving you mad. It is this feeling that has brought you to me. Do you know what I am talking about?

Neo: The Matrix.

Morpheus: Do you want to know what it is?

Morpheus: The matrix is everywhere, it is all around us. Even now in this very room. You can see it when you look out your window, or when you turn on your television. You can, feel it, when you go to work, when you go to church, when you pay your taxes. It is the world that has been pulled over your eyes to blind you from the truth.

Neo: What truth?

Morpheus: That you are a slave Neo. Like everyone else, you were born into bondage. Born into  a prison that you cannot smell or taste or touch. A prison for your mind … Unfortunately no one can be told what the Matrix is. You have to see it for yourself.”


1. Preface, German Historical School in American Scholarship: A Study in the Transfer of Culture, Jurgen Herbst, Professor Emeritus of Educational Policy Studies and History, University of Wisconsin Madison, and Wesleyan University. Educated at Harvard.

2. Preface, German Historical School in American Scholarship: A Study in the Transfer of Culture, Jurgen Herbst, 

3. Preface, German Historical School in American Scholarship: A Study in the Transfer of Culture, Jurgen Herbst, 

4. Karl Knies’s Heidelberg Lecture on Economics: An Introduction, Kiichiro YAGI, The Kyoto University Economic Review, Volume LXIX, No 1/2 April October 2000.

5. Pg. 79, Meaning of Social Science, Albion Woodbury Small.

6. Pg. 669, Masters of Social Science: Albion Woodbury SmallVolume IV, Number 4, Social Forces, June, 1926, , Edward Cary Hayes.

7. Pg. 4, Masters of Social Science: Albion Woodbury SmallVolume IV, Number 4, Social Forces, June, 1926, , E C Hayes.

8. Pg. 71, Meaning of Social Science, Albion Woodbury Small

9. Pg. 73, 74, Meaning of Social Sciences, Albion Woodbury Small

10. Pg. 74, 75, The Meaning of Social Sciences, Small

11. Pg. 489, Harvard Law Review, Volume XXV, No. 6, April 12, Scope and Purpose of Sociological Jurisprudence III, Roscoe Pound.

12. Pg. 491, Harvard Law Review, Scope and Purpose of Sociological Jurisprudence, Roscoe Pound

13. Pg. 491, Harvard Law Review, Scope and Purpose of Sociological Jurisprudence, Roscoe Pound.

14. Pg. xx, Social Control Through Law, Roscoe Pound.

15. pg. 104, City of Courts.