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Updated: June 29, 2025
It can be exhausted by no theory, and only a divinatory criticism might dare to wish to characterize its ideal. It alone is infinite, even as it alone is free; and as its first law it recognizes that the arbitrariness of the poet brooks no superior law.
But these conceptions were themselves so little fixed, and their statutory definition was so difficult and indeed impossible, that the administration of justice under these categories from its very nature bore almost inevitably the stamp of arbitrariness.
The arbitrariness and illegality of the proceeding were so evident that the 'Senatus-consulte' contained no mention of the transactions of the 3d Nivose, which was very remarkable. It was, however, declared that the measure of the previous day had been adopted with a view to the preservation of the Constitution. This was promising.
In truth, its failure and confusion resulted less from the arbitrariness of its procedure, than from the hopeless absence of tenacity, conviction, and consistency in the substance and direction of its objects.
One might conceive them being designed by architects who knew as little of the past as children know of death, and painted by fresh-faced people to match themselves, and there was a romping arbitrariness about the design and decoration of the place which struck the same note of innocence.
Changes repeatedly marred by arbitrariness from above or from below, set aside or perverted now by the mob and again by the government, inert in the country, oppressive in the towns, we have seen the state into which they had fallen at the end of the Directory; how, instead of a refuge for liberty, they had become haunts of tyranny or sinks of egoism; why, in 1800, they were as much decried as their predecessors in 1788, why their two successive props, the old one and the most recent, historic custom and popular election, were now discredited and no longer resorted to.
Beauty is not Mathematical; it is if one may say so physiological and psychological, and though that austere severity of pure line and pure color, the impersonal technique of art, has a seemingly pre-ordained power of appeal, in reality it is far less immutable than it appears, and has far more in it of the arbitrariness of life and growth and change than we sometimes would care to allow.
This is only an apparent contradiction. It is not the Pigtail but the Rococo that we are reviving so industriously, not the academic constraint of rules, but the subjective arbitrariness, the spirit of the original, freakish types.
Neglect is better than this, and fear of inconsistency of authority makes the best parents often jealous of arbitrariness in teachers.
To overcome mere arbitrariness, we ask thirty to forty educated persons to express the similarity value, calling identical postal cards 100 per cent and two postal cards as different as a colored flower piece and a black picture of a street scene O. The average value of these judgments is then considered as expressing the objective degree of similarity between the two pictures of a pair.
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