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Updated: May 16, 2025
Taken juridically, the foundation of these law presumptions is not unjust; taken constitutionally, they are ruinous, and tend to the total suppression of all publication. If juries are confined to the fact, no writing which censures, however justly or however temperately, the conduct of administration, can be unpunished.
By royal command, a general inquiry was instituted, and whoever could not prove his right to the seat of his ancestors, by authentic documents, was mercilessly but juridically despoiled of it; the pen of the lawyer thus making as many conquests as the blade of the mercenary." The advisers of James those who aided him in this scheme were fully alive to its efficiency in serving their ends.
It is thanks to it that students of the philosophy of law and sociology are able to determine the true nature and functions of the State which, as it is nothing but "society juridically and politically organized," is only the secular arm used by the class in possession of the economic power and consequently of the political, juridical and administrative power to preserve their own special privileges and to postpone as long as possible the evil day when they must surrender them.
I imagined this was fabricated by the Holbachiques; I knew the parliament to be very attentive to forms, and that on this occasion, beginning by arresting me before it was juridically known I avowed myself the author of the book was violating them all.
It is his complaint against Bentham and the later supporters of Utility, that they have misplaced the application of the principle, and have encouraged the too frequent appeal to calculation in the details of conduct. He farther remarks on the tendency of Bentham and his followers to treat Ethics too juridically.
It can only do so when there is an irreconcilable and indubitable repugnancy between a law and the Constitution; but obviously laws can be passed from motives that are anti-constitutional, and there is a wide sphere of political discretion in which many acts can be done which, while politically anti-constitutional, are not juridically unconstitutional.
The latter envisages fundamentally the problem of sovereignty; Fascism does also, but in an entirely different manner. Democracy vests sovereignty in the people, that is to say, in the mass of human beings. Fascism discovers sovereignty to be inherent in society when it is juridically organized as a state.
Many a patient suffers injury to health or even loses his life in consequence of a Doctor's neglect. Gross negligence is an offence that makes him punishable by the court, if it results in serious injury. But even if such injury cannot be juridically proved, or has been accidentally averted, the moral wrong remains and is to be settled with the all-seeing Judge.
Thus it is said to be actionable negligence to let a house for a dwelling knowing it to be so infected with small-pox as to be dangerous to health, and concealing the knowledge. /3/ To explain the acts or omissions in such a case would be to prove different conduct from that ruled upon, or to show that they were not, juridically speaking, the cause of the damage complained of.
I imagined this was fabricated by the Holbachiques; I knew the parliament to be very attentive to forms, and that on this occasion, beginning by arresting me before it was juridically known I avowed myself the author of the book was violating them all.
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