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The bill brought in is for the purpose of asserting and securing a great object in the juridical constitution of this kingdom; which, from a long series of practices and opinions in our judges, has, in one point, and in one very essential point, deviated from the true principle.
But there is a still further difference which divides us: We have realised that we discarded those things only when we really understood their imperfections and that we arrived at that understanding by studying them, by discussing them, because one man in London or another in Paris raised plainly and boldly the whole question of their wisdom and because the intellectual ferment created by those interrogations, either in the juridical or religious field, re-acted on the minds of men in Geneva or Wurtenburg or Rome or Madrid.
In order to establish this principle, if it should not be sufficiently proved by being stated, tell me what are the criteria, the characteristics, by which you distinguish between a legislative and a juridical act. It will be necessary to state, shortly, the difference between a legislative and a juridical act.
Therefore were it better, in my conceit, that is to say, less inconvenient, that parties at variance in any juridical case should in the dark march upon caltrops than submit the determination of what is their right to such unhallowed sentences and horrible decrees; as Cato in his time wished and advised that every judiciary court should be paved with caltrops.
At any rate, it is a significant fact that this most renowned representative of the classic school of criminology should have pointed out this need of his special science in this same university of Naples, one year after the inauguration of the positive school of criminology, that he should have looked forward to a time when the study of natural and positive facts would set to rights the old juridical abstractions.
Canon 1410 says: "The endowment of a Benefice is constituted either by property, the ownership of which pertains to the Juridical entity itself, or by certain and obligatory payments of any family or moral personality, or by certain and voluntary offerings of the faithful which appertain to the rector of the benefice, or, as they are called stole fees, within the limits of diocesan taxation or legitimate custom, or choral distributions, exclusive of a third part of the same, if all the revenues of the benefice consist of choral distributions."
On the other side there are two parties, who proceed on two grounds, in my opinion, as they state them, utterly irreconcilable. The one is juridical, the other political. The one is in the nature of a claim of right, on the supposed rights of man as man: this party desire the decision of a suit.
Admit the principle of tactical or close blockade, and as between belligerents you cannot condemn the principle of strategical or distant blockade. Except in their effect upon neutrals, there is no juridical difference between the two. Why indeed should this humane yet drastic process of war be rejected at sea if the same thing is permitted on land?
Moral theology, developed by the juridical method of doctor commenting on doctor, provided itself with a phraseology of its own, and Aristotelian peculiarities of reasoning and expression, imbibed doubtless in great part from the Disputations on Morals in the academical schools, take the place of that special turn of thought and speech which can never be mistaken by any person conversant with the Roman law.
Labour was even more emphatic; and, responding to popular opinion, the Government, at Christmas, 1917, appointed a small committee to explore the historical, juridical, and diplomatic bearings of the suggested solution.
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