der (X.ucllo der Cierechtigkeit" Baker on the other hand writes ot an "equitable spirit which inheres the eonnnon law" (22't). 1 ha\ e found no functional equi\ alent to such remarks in (iazzaniga. d'hese references are a rather minor contribution to the general normati\e \ ()cahular\’, \et the fact that the\’ at all figure is significant, fhe not so \ alue-neutral words Gnrcbtigkcit and equit\' (out of ("hancer\’ context) suggest that there is somewhere a source of justice from which our laws mav, or e\en ought to, flow and against which our laws can and ought to he measured. .\part from these remarks, our authors differ significanth'. I ha\ e found no other clear remarks in Baker that would warrant a naturalist classification. l!is language rarely has moral otertones and he does not speak of right or w rong. Nor does his narrati\ e offer much in the wav of obscure sources of law. I find his text a fairly consistent rejection of an\' other source of law than decisions matle h\’ actors which can he confirmed by locatable documents, (lazzaniga's conceptual construction remains the most obscure and is therefore somewhat more difficult to pin down in theoretical regard, ^et, his account is more suitably subsumed under the historist label and will therefore not be discussed here. Of our three authors, the one w ith the clearest streak of naturalism is Laufs. This said, there is no consistent conceptual image of law in his history. 1 le appears to construct for different contexts and purposes. Hie ox erall feel of his history is positii istic, more clearh- so in chapters on legislation, e.g. the modern codifications. A streak of historism can best be reconstructed from remarks on the medicw al period, fo this we add a few hints at realist influences, often found in his more personal portraits. \\ hen w riting about the so-called Third Reich, howeier, his narratii e gets a touch of the naturalistic brush. 1 lis titles "Die nationalsozialistische Rechtslerwiistung" and "Periersion des Rechts" are indicatiie of new’ hues hat ing being added, of a shift in theoretical emphasis. 26
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