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This happy thought was considered to get rid of the whole difficulty, and to legitimate the infliction of punishment, in virtue of another received maxim of justice, volenti non fit injuria; that is not unjust which is done with the consent of the person who is supposed to be hurt by it.
But these, as we have already shown, are never absolute rights; they are of human origin, and therefore imperfect and variable. There are conditions under which they do not correspond to the actual truth of things; in this case the summum jus summa injuria holds good, and the infringement of the right appears morally justified.
They disobeyed the injunction. Their arrest for this contempt of court promptly followed. This stopped the flood at its source. To quote from testimony given a few weeks later by Mr. Injunctions not infrequently are granted as an equitable relief against a legal judgment. Summum jus, summa injuria is an ancient maxim of the courts.
That experienced lady had begun to suspect some other woman was at the bottom of Griffith's conduct; and her own love for Griffith was now soured. Repeated disappointments and affronts, spretæque injuria formæ, had not quite extinguished it, but had mixed so much spite with it that she was equally ready to kiss or to stab him.
Equidem minime miror, si quando es in privatos dicatior, cum in ipsos principes tam facile inveharis, et tamen nullius injuria, aut vitae contumelia facit, ut tam sis promptus, aut copiosus in eorum objurgationem. Novi nonnullos qui abs te excipi deberent ab reliquorum caterva viri docti, egregii, omnique laude et commendatione dignissimi.
Cæsar is very sensitive about that bald crown of his, and fears lest even the laurel wreath should cover it but meagrely. Many wars, since that which brought Ilium to the dust, might have been traced to slighted vanity, and many excellent Christians have waxed quite as wroth as the queen of heathenish heaven about the spretæ injuria formæ.
The Italian who, in a fit of rage, falls upon his aggressor wherever he finds him, and despatches him without any ceremony, acts, at any rate, consistently and naturally: he may be cleverer, but he is not worse, than the duelist. I should rather justify the deed by the legal maxim Volenti non fit injuria; because the parties mutually agree to set their life upon the issue.
Hegel writes elsewhere: 'The finite, as implicitly other than what it is, is forced to surrender its own immediate or natural being, and to turn suddenly into its opposite.... Dialectic is the universal and irresistible power before which nothing can stay.... Summum jus, summa injuria to drive an abstract right to excess is to commit injustice.... Extreme anarchy and extreme despotism lead to one another.
Boyce, for some reason or the other, had turned her down. Spretae injuria formae she had cast Boyce aside. But for all her splendid surrender of her womanhood to Willie Connor, for the sake of her country, she still loved Leonard Boyce. Or, if she wasn't in love with him, she couldn't get him out of her head or her senses. Something like that, anyhow.
Even in those matters in which the Code is in harmony with the popular morality, there are many exceptional cases in which summum jus is really summa injuria.
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