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We set out to secure privacy, but we did not succeed, for, to allow privacy in prison, is against all institutional thought and habit. Our only available weapon was our blanket, which was no sooner put in front of our bars than it was forcibly taken down by Warden Zinkhan.
Beyond these is still the application of institutional law to the interpretation of the Constitution. There is no book so much needed in the present, or that will be so much needed in the future, as a great work on our institutional law such a work as the world sees once in a century.
Our Constitution is one of the concrete manifestations of our institutions; our statutes are another; the decisions of our courts are another; our habits, methods, and customs as a people and a race are still another. Our institutional law is like the atmosphere impalpable, imperceptible, but all-pervading, and the source of life itself.
All of the immediacy of religion, its independence of rational argument, of historical tradition or institutional forms, which was characteristic of Schleiermacher to his latest day, is felt in the Reden. By it he thrilled the hearts of men as they have rarely been thrilled. It is not forms and traditions which create religion. It is religion which creates these. They cannot exist without it.
By and large, it seems unavoidable that the pecuniary interests of the businessmen on the one hand and the material interests of the community on the other hand are diverging in a more and more pronounced degree, due to institutional circumstances over which no prompt control can be had without immediate violation of that scheme of personal rights in which the constitution of modern democratic society is grounded.
The sort of institutional and economic reorganization suggested in the preceding chapters is not, consequently, to be conceived merely as a more or less dubious proposal to improve human nature by laws. Its deeper significance does not consist in the results which it may accomplish by way of immediate improvement.
It is, however, the clear teaching of human history that effort to maintain the welfare of any social organization is likely to decrease the attention given to its efficiency. The attitude of institutional self-protection leads to uncritical methods, easy-going content, and rigid, unprogressive habits of thought.
The new tendency emphasized the individual and personal as against the institutional and formal. Catholicism had inherited too much ritualistic and magical trapping to harmonize completely with the keen ethical sense of the younger and simpler people who were growing to adulthood.
We have been dealing exclusively with institutions, and the manner in which their growth has been accomplished. For it is in the institutional life of a people, and in the change and development it undergoes, that are to be found those elements which form the basis for all future changes, whether simply in the form of its government or in the structure of its social system.
Institutional rivalry also does its share, sending out alluring advertisements and thus filling the college classes with recruits from the farms and from the homes of labor with candidates for positions in life of greater respectability than their parents were able to enjoy.
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