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Whoever thinks this puerile must remember that my hero was a Frenchman, and a young Frenchman, with a prescriptive right to chatter for chattering's sake, and also that he had not a very highly cultivated mind of his own to converse with, even if the most highly cultivated intellect is ever a reliable resource against the terrors of solitary confinement.
When they came into court, the lion accused the ox of having broken the laws of the beasts. The lion was king, and the others were bound to obey. Prescriptive usage was clearly on the lion's side. Minos called on the ox for his defence. The Ox said that, without consent of his own being asked, he had been born into the meadow.
These acquired habits, or assumed traits of character, are most commonly of an aristocratic cast. The prescriptive position of the leisure class as the exemplar of reputability has imposed many features of the leisure-class theory of life upon the lower classes; with the result that there goes on, always and throughout society, a more or less persistent cultivation of these aristocratic traits.
Notwithstanding the clamours of the Parisian public, who, from long habit, considered that they had a sort of prescriptive right to this favourite promenade, the axe was laid to the celebrated arbre de Cracovie and other venerable trees, and their stately heads were soon levelled to the ground.
The property in horses was the gift of God to man, at the creation of the world; the property in slaves is property acquired and held by crimes, differing in no moral aspect from the pillage of a freebooter, and to which no lapse of time can give a prescriptive right.
But at that moment the exquisite happiness of seeing her every day, coming into the room where she was reading or singing, and kissing her as he leaned over her chair affectionately, as a matter of course, deriving his enjoyment from the prescriptive right to do so, and then talking to her about ordinary affairs of life, came upon him suddenly like a vision; and this imagined life was so intense that for one moment it was equivalent to the reality.
They soon found themselves seated in the tap, and, though it was not entirely unoccupied, in their accustomed places, for there seemed a general understanding that they enjoyed a prescriptive right. With hunches of white bread in their black hands, and grinning with their sable countenances and ivory teeth, they really looked like a gang of negroes at a revel.
It is, in my opinion, just because we all belong to a world which is in outline not "in the making" but completed, because, in short, we are in one sense like heirs returning to our estates, that this remarkable preparedness of each child is found that impresses us so strongly. The universe is, in a sense, ours by prescriptive right and by virtue of the constitution of our minds.
It appears, therefore, that there is no wide difference in temperament between the upper and the lower classes; but it appears also that the absence of such a difference is in good part due to the prescriptive example of the leisure class and to the popular acceptance of those broad principles of conspicuous waste and pecuniary emulation on which the institution of a leisure class rests.
So the prescriptive title becomes "not the creature, but the master, of positive law ... the soundest, the most general and the most recognized title between man and man that is known in municipal or public jurisprudence." It is by prescription that he defends the existence of Catholicism in Ireland not less than the supposed deformities of the British Constitution.
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