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Updated: May 18, 2025
The time seems to have arrived which claims for members of the Supreme Court a relief from itinerary fatigues, incompatible as well with the age which a portion of them will always have attained as with the researches and preparations which are due to their stations and to the juridical reputation of their country.
But it may be of some value to give an outline of a few particularly characteristic subjects. Folk-right is the aggregate of rules, formulated or latent but susceptible of formulation, which can be appealed to as the expression of the juridical consciousness of the people at large or of the communities of which it is composed.
The classic school, which looks upon the crime as a juridical problem, occupies itself with its name, its definition, its juridical analysis, leaves the personality of the criminal in the background and remembers it only so far as exceptional circumstances explicitly stated in the law books refer to it: whether he is a minor, a deaf-mute, whether it is a case of insanity, whether he was drunk at the time the crime was committed.
Let me not, however, hurry on, nor forget that I am but an historian, and that it befits not the juridical pen of the character to dwell upon my own woes when I have to tell of the sufferings of others. The trials and the tribulations which I had heard so much of, and whereof I had witnessed so many, made me in a sense but little liable to be moved when told of any new outrage.
Isidore more than their vocabulary, their formulas, their juridical distinctions; he also borrowed from Aristotle the arguments upon which the philosopher based his right of property. But the ground of his doctrine is undoubtedly of Christian origin.
Such an interpretation would be wholly fallacious, on juridical as well as on grammatical grounds. Its meaning is that any person who puts the public peace in jeopardy through inciting to hatred and contempt that is to say in case the incitement is of such a nature that it necessarily carries danger to the public peace such a person is subject to the penalties of this law.
Peckham had assured the desolated father with a manner subtly suggesting both the profoundest sympathy and the prophetic glories of a juridical revenge in which the name of McGurk would be upon every lip and the picture of the deceased, his family, and the home in which they dwelt would be featured on the front page of every journal. "We'll get him, all right!"
Instead of endeavouring to create a body of well-trained jurists, the Government went further and further in the direction of letting the judges be chosen for a short period by popular election from among men who had never received a juridical education, or a fair education of any kind; whilst the place of judge was so poorly paid, and stood so low in public estimation, that the temptations to dishonesty were difficult to resist.
In the Catholic world religion and liberty exclude each other. In the Protestant world they accept each other, so that in the second case there is a smaller waste of force. Liberty is the lay, the philosophical principle. It expresses the juridical and social aspiration of the race.
Harper, Anthony, I, p. 428. Ibid., p. 433. Trial, pp. 2-3. N.d., Susan B. Anthony Papers, New York Public Library. Trial, pp. 151, 153. Judge Story, Commentaries on the Constitution of the United States, Sec. 456: "The importance of examining the preamble for the purpose of expounding the language of a statute has long been felt and universally conceded in all juridical discussion."
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