rather than vice versa.76 In any case, if legislation or customary law failed to supplement natural lawaequitas could, being positive law, fill the gaps in the law and give the incomplete legal order of Nature an added level of completion.77 From a methodological point of view, it is of interest whether or not the interpretation of law had authority to produce new legal propositions, as this issue also affects the authority of jurisprudence to produce new law.78 In general, the theoreticians of the 16th and17th Centuries in the civil law countries denied that the interpretation of law could produce new law, as theory held that interpretation only clarified the proper meaning of the law.79 However, the answer is less certain when the issue of the productivity of legal science is addressed, as in reality the results of both its systematic arrangement and analysis of the particular rules of law, as well as its inductive treatment of law, produce what are new rules of law.The reasons are twofold. On the one hand, the systematic treatment of rules demonstrates the logical relationship between the different categories of law, thus making new legal conclusions possible. On the other hand, the inductive synthesis of particular rules of law produces principles of law having a wider area of meaning and application than the particular rules themselves have originally taken one by one.80 To any scientist the possibility of broadening knowledge by categorization and induction constitutes a problem of philosophical and scientific legitimacy, insofar as philosophy has viewed both systematic orders and inductively established results with skepticism.81 In either case, the problem is that the objectivity of systematic orders and inductive generalizations lack a purely logical p a r t v i i , c h a p t e r 1 582 76 Ibid., pp. 14-15. 77 Ibid., pp. 15-17. 78 Ibid., passim. 79 Ibid., pp. 78-79 and 91-92. 80 Ibid., p. 79. 81 Cf. Schüling, Axiomatischen Methode, pp. 26-28.This also holds for law in which as early as in the 13th century the theorists of law adopted an axiomatic method of demonstration.
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