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Thus the collective utterance of the bench resembled the speeches of a town meeting rather than the decision of a court, and employed 240 printed pages of learned legal disquisition to order the simple dismissal of a suit.
The law talks about rights, and duties, and malice, and intent, and negligence, and so forth, and nothing is easier, or, I may say, more common in legal reasoning, than to take these words in their moral sense, at some state of the argument, and so to drop into fallacy.
The courts were victorious, and the commander of the militia, who had opposed them with armed force, was punished. The legislation of 1815 and 1816 showed to the Court that its view of the Constitution was accepted by the people; and it now began a series of great constitutional decisions, which put on record as legal precedents the doctrines of implied powers and of national sovereignty.
"One would think we were facing a cataclysm, whereas business men are merely just beginning to take advantage of some of the opportunities that are everywhere around them. It is all perfectly legal, isn't it? I have heard my father say that it is." Lawler's smile grew slightly bitter.
It was earlier in the same year that the first organized Unitarian propaganda took shape in a Unitarian Society for Promoting Christian Knowledge. In 1813, Unitarians were set free from legal penalties by the repeal, so far as they were concerned, of the exceptive clauses of the Toleration Act, this relief coming twenty years after Charles James Fox had tried to secure it for them.
It was not difficult for me, therefore, to comprehend Larry Weed's hero-worship, the loyalty of other members of the firm or of those occupants of the office whom I have not mentioned. My first impression of him, which I had got at Jerry Kyme's, deepened as time went on, and I readily shared the belief of those around me that his legal talents easily surpassed those of any of his contemporaries.
There, luck befriended him; two ships were about to sail for France, and were providentially in want of precisely that number of men which the sailor headed. They embarked; and so for ever got the start of their former captain, had he been at all minded to work them legal retribution.
Judge Manners talked with him and discovered a legal turn of mind, and there followed some veranda talk of educating and removing him from his environment. But that very afternoon Jason did a horrid thing. It was no more than he had seen about him all his life. Not as much. He kissed the little pig-tailed daughter of the laundress and pursued her as she ran shrieking to her mother's apron.
It is my present purpose to discuss the moral psychology of the present revolt against the spirit of authority. Too little consideration has been paid by the legal profession to questions of moral psychology.
This man, altogether ordinary in every respect excepting only his pretensions, would doubtless gladly have placed himself beyond the law, if only he could have done so without forsaking legal ground. His very lingering in Asia betrayed a misgiving of this sort.
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