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How far, for example, may a lawyer support a cause which he believes to be wrong? In some ancient legislations advocates were compelled to swear that they would not defend causes which they thought or discovered to be unjust. St. Thomas Aquinas has laid down in emphatic terms that any lawyer who undertakes the defence of an unjust cause is committing a grievous sin.
He was of the New Harmony school, or rather the New Harmony school was of him. There was something in the hollow square legislations of Mr. Owen, that struck him as admirable, and he seems, as far as I can understand, to have intended aiding his views, by a sort of incipient hollow square drilling; teaching the young ideas of all he could catch, to shoot into parallelogramic form and order.
Such were the belief in a golden age, in the fall from a happy beginning, in the penalty imposed on sin, which gave a reason for great mundane calamities the Deluge chiefly the memory of which lived in the traditions of almost every nation; in the necessity of prayer and expiatory sacrifice; in the transmission of guilt from father to son, expressed in all primitive legislations, and to this day preserved in the Chinese laws and customs; in the existence of good and bad spirits, whence, most probably, arose polytheism; in the hope of the future regeneration of man, represented in Greece by the beautiful myth of Pandora's box; and, finally, in the doctrine of eternal rewards and punishments.
The traditions and histories and legislations of the past were worked over into a connected series of writings, through which was woven the new priestly system, in a historical form. On the restoration to Judea, this institutional reorganization was set up as the law of the land, and continued thenceforward in force the providential instrumentality for the ad interim work of four centuries.
We seldom indeed make sufficient allowance for the degree in which the judgments and dispositions of even the best man are coloured by the moral tone of the time or society in which they live. And what is true of individuals is equally true of nations. In order to judge equitably the legislation of any people, we must always consider corresponding contemporary legislations and ideas.
"All the congresses of both hemispheres may vote against war, and against dueling too, but above all arbitrations, conventions, and legislations there will always be the personal honor of individual men, which has always demanded dueling, and the interests of nations, which will always demand war.
Numa's muse was a gentle and loving inspiration, fitting him well to turn and soothe his people into peace and justice out of their violent and fiery tempers; whereas, if we must admit the treatment of the Helots to be a part of Lycurgus's legislations, a most cruel and iniquitous proceeding, we must own that Numa was by a great deal the more humane and Greek-like legislator, granting even to actual slaves a license to sit at meat with their masters at the feast of Saturn, that they, also, might have some taste and relish of the sweets of liberty.
If I call them separately, it is in accordance with the thought inspiring two works, two legislations, two religions, on which they want to found the Catholic Religion.
No doubt the reason demands unity, and nature variety, and both legislations take man in hand. The law of the former is stamped upon him by an incorruptible consciousness, that of the latter by an ineradicable feeling.
The only difference is, that in the former case he is an animal without reason, and in the second case a rational animal. But he ought to be neither one nor the other: he ought to be a man. Nature ought not to rule him exclusively; nor reason conditionally. The two legislations ought to be completely independent, and yet mutually complementary.
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