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Updated: June 8, 2025
He was connected in the family circle with two eminent jurists, who were at hand to stimulate his young ambition, and to pour, in an almost perpetual stream, legal knowledge into his mind, by conversation and by epistolary correspondence.
He himself took constantly an earnest share in the deliberations of the jurists, who were employed in this gigantic undertaking; and astonished them by the admirable observations which his native sagacity suggested, in relation to matters commonly considered as wholly out of the reach of unprofessional persons. But of the new code we shall have occasion to speak hereafter.
The influence of individuals gradually ceased to be felt, and custom and law united together to produce the same result. But the law of descent was the last step to equality. I am surprised that ancient and modern jurists have not attributed to this law a greater influence on human affairs.
In this state of society, which the jurists have called NEGATIVE COMMUNISM man draws near to man, and shares with him the fruits of the field and the milk and flesh of animals. Little by little this communism negative as long as man does not produce tends to become positive and organic through the development of labor and industry.
No ancient heathen writer has uttered so many thoughts and precepts which bear a resemblance to teachings of the New Testament. The study that nourished most in this period is Jurisprudence. It is the classic era of the jurists. Persons versed in the law were preferred by the emperors for high offices.
He first entered the office of Judge Francis Hilliard of Roxbury, remaining for a time and then continued his legal studies with the distinguished lawyers and jurists Charles P. and Benjamin R. Curtis of Boston, with whom he remained until his admission to the Bar in 1844. At Roxbury in 1846 he opened his first law office, taking comparatively soon a leading position at the Bar.
We know for example, with sufficient certainty for every day affairs, whether an animal is alive or dead, but, on closer examination, we find that this is sometimes no easy matter to decide, as jurists know very well and have gone indeed to great pains to discover a rational border line beyond which the killing of a child in the womb of its mother is murder.
By these means a country can be occupied and a State founded in a manner as yet unknown to history, and with possibilities of success such, as never occurred before. One of the great commissions which the Society will have to appoint will be the council of State jurists. These must formulate the best, that is, the best modern constitution possible.
We turn from this controversy to follow the decisions of those eminent judges who were nullifying the statute against witches. We have already mentioned three names, those of Holt, Powell, and Parker. This is not because they were the only jurists who were giving verdicts of acquittal we know that there must have been others but because their names are linked with significant decisions.
In his history of Rome, Mommsen relates that even during the nearly absolute sway of Sulla, after the fall of Marius, the Cornelian Laws enacted to deprive various Italian communities of their Roman franchise were ignored in judicial proceedings as null and void; also that, contrary to Sulla's decree, the jurists held that the franchise of citizenship was not forfeited by capture and sale into slavery during the civil war with Marius.
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