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Their effectiveness depended entirely on the impression that they made on American public opinion and not on the Washington Government; yet they were nearly always drawn up in Berlin in the form of juristic précis, propagandist but quite futile. All these factors must be taken into consideration in attempting to estimate the success of our propaganda in the United States.

35 -Togatus- denotes, in juristic and generally in technical language, the Italian in contradistinction not merely to the foreigner, but also to the Roman burgess. Inscr.

The economic idea of ground-rent, which Herr Duehring undertakes to explain to us, is transformed right away into the juristic concept so that we are no further than at first. He compares the leasing of a piece of land with the loan of capital to an entrepreneur but finds, as is so often the case, that the comparison will not hold.

It is vain to insist with such stubbornness as that of the classic school of criminology on juristic formulas by which the distinction between illegal appropriation and theft, between fraud and other forms of crime against property, and so forth, is determined, when this method does not give to society one single word which would throw light upon the reasons that make a man a criminal and upon the efficacious remedy by which society could protect itself against criminality.

This was not true in Roman courts, which preferred to settle litigation by juristic reasoning and believed, like Napoleon, that God, when appealed to in a fight, was generally on the side of the party who had the better artillery. Children inherited not only the estate but also the friendships and enmities of their fathers, which it was their duty to take up. Hereditary feuds were a usual thing.

Hence, that the economic structure of society at a given time furnishes the real foundations upon which the entire superstructure of political and juristic institutions as well as the religious, philosophical and other abstract notions of a given period are to be explained in the last instance.

Even in the thirteenth century the constitution of the Orders, and the contests of the friars with the clergy, had engendered faintly democratic ways of thinking. Among others the great Aquinas had protested against the juristic doctrine that the law is the pleasure of the prince.

The Roman gods, the ritual, military, and juristic terms of the Romans, present a strange appearance amid the Greek world; Roman -aediles- and -tresviri- are grotesquely mingled with -agoranomi- and -demarchi-; pieces whose scene is laid in Aetolia or Epidamnus send the spectator without scruple to the Velabrum and the Capitol.

The currency of the notion that earnest sincerity about one's opinions and ideals of conduct is inseparably connected with intolerance, is indirectly due to the predominance of legal or juristic analogies in social discussion. For one thing, the lawyer has to deal mainly with acts, and to deal with them by way of repression.

Closely connected with juristic liberty, and more widely felt in everyday life, is the question of fiscal liberty. The Stuarts brought things to a head in this country by arbitrary taxation. George III brought things to a head in America by the same infallible method.