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Psychologically, it rests upon the need felt by the working-man to be something more than a mere cog in the industrial mechanism. The first step would consist in conferring upon labor committees juridical functions consonant with latter-day requirements. These functions would extend beyond those exercised by the labor committees hitherto.
The juridical works excerpted in it are almost all foreign to Hindostan; the special cases illustrative of abstract doctrines are taken from other countries, and many of them from ages antecedent to the invasion of India by the Moguls. Though Persian was the court language of the Mogul dynasty, there is scarcely any Persian element in Aurungzebe's legal compilation.
Society ought to place woman, as a human being and as a creatress of men more worthy therefore of love and respect in a better juridical and ethical situation than she enjoys at present. Now she is too often a beast of burden or an object of luxury.
The fact that a person who is an infant, or non compos, or spendthrift, has an involuntary agency created for him by the Chancellor, does not destroy, or in any way affect, the juridical personality of such person, or his political equality with other persons; and, by parity of reasoning, the fact that a community which would otherwise be recognized as having free statehood and political personality and equality with other free states, has an involuntary government appointed for it by a Justiciar State, on account of its being in a weak or infantile condition, or on account of its being anarchic or spendthrift, can not destroy or in any way affect its free statehood, or, what is the same thing, its political personality, or its equality with other free states.
Upon that case I stand; we are at issue; and I desire to go to trial. This, I am sure, is not loose railing, or mean insinuation, according to their low and degenerate fashion, when they make attacks on the measures of their adversaries. It is a regular and juridical course; and unless I choose it, nothing can compel me to go further.
The absorption of sacerdotal, political, and juridical functions by a single class produces an arbitrary despotism; and before judges greedy of earthly dominion, flushed by the sense of power, unrestrained by rules of law or evidence, and unopposed by a resolute and courageous bar, trials must become little more than conventional forms, precursors of predetermined punishments.
Realizing that with this fresh development their case has assumed a solemn and juridical character, the undaunted champions of the Cause resolved to seek the assistance of an expert and sympathetic advocate, who would reinforce from a purely legal standpoint the spiritual argument which they reserved for themselves to propound.
Not choosing for the gratification of Lieutenant Deventer to indulge in weak complaints, he procured a huge top, which he employed himself in whipping several hours a day; while for intellectual employment he plunged once more into those classical, juridical, and theological studies which had always employed his leisure hours from childhood upwards.
Like all other civil legislation, the laws of inheritance are not the cause, but the effect, the juridical consequence of the existing economical organization of society, based upon private property in the means of production, that is to say, in land, raw material, machinery, etc.
The difficulty shows itself in discussions of the proper sphere of government. Upon that vast and most puzzling topic I will only permit myself one remark. In former times the great aim of reformers was the limitation of the powers of government. They came to regard it as a kind of bogy or extra-natural force, which acted to oppress the poor in order to maintain certain personal privileges. Some, like Godwin of the "Political Justice," held that the millennium implied the abolition of government and the institution of anarchy. The early utilitarians held that government might be reformed by placing power in the hands of the subjects, who would use it only for their own interests, but still retained the prejudices engendered in their long struggle against authority, and held that its functions should still be gradually restricted on pain of developing a worse tyranny than the old. The government has been handed over to the people as they desired, but with the natural result that the new authorities not only use it to support their interests, but retain the conviction of its extra-natural, or perhaps supernatural, efficacy. It is regarded as an omnipotent body which can not only say (as it can) that whatever it pleases shall be legal, but that whatever is made a law in the juridical sense shall at once become a law of nature. Even their individualist opponents, who profess to follow Mr. Herbert Spencer, seem often to regard the power of government, not as one result of evolution, but as something external which can constrain and limit evolution. It corresponds to a kind of outside pressure which interferes arbitrarily with the so-called natural course of development, and should therefore be abolished. To me, on the contrary, it seems that government is simply one of the social organs, with powers strictly limited by its relation to others and by the nature of the sentiment upon which it rests. There are obvious reasons, in the centralisation of vast industrial interests, the "integration," as Mr. Spencer calls it, which is the correlative of differentiation, in the growing solidarity of different classes and countries, in the consequent growth of natural monopolies, which give a solid reason for believing that the functions of the central government may require expansion. To decide by any