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Updated: June 8, 2025
Until the year 1868 it was left, embarrassed by conflicting opinions of courts and of jurists, to determine how far the doctrine of perpetual allegiance derived from our former colonial relations with Great Britain was applicable to American citizens.
On the following day, Mailhe, in the name of the jurists, reported that there was no legal obstacle, from the inviolability acknowledged by the Constitution. Mousson replied that since Lewis was deposed, he had no further responsibility.
The crash of the French revolution was now to change the whole course of European politics, and to bring philosophical jurists face to face with a long series of profoundly important problems. Bentham's attitude during the early stages of the revolution and the first war period is significant, and may help to elucidate some characteristics of the Utilitarian movement.
It was early in the minds of many and found some expression in the writings of jurists and philosophers. In Rome it was a corollary of the doctrine of the existence of a jus naturale. The statement of that doctrine by Ulpian incorporated in the Digest implies a doctrine that man does have some rights anterior to and independent of the state.
In excuse for his greediness, it ought to be said that he was the poorest noble of a poor nobility, and that before the Revolution he was sometimes at a loss for a meal and a suit of clothes, The ablest of Scottish politicians and debaters, Sir John Dalrymple, was appointed Lord Advocate. His father, Sir James, the greatest of Scottish jurists, was placed at the head of the Court of Session.
Swinburne was in those days the favourite butt of young parodists, and the gem of the book is the dedication to "J.S." or "John Stiles," a mythical person, nearly related to John Doe and Richard Roe, with whom all budding jurists had in old days to make acquaintance. The disappearance of the venerated initials from modern law-books inspired the following:
The book duly signed, this deponent bowed to the assembled barristers, and walked out of the hall, smiling as he thought how, by an ingenious fiction, he was credited with having put an elaborate case to a college of profound jurists, with having argued it before an attentive audience, and with having borne away the laurels of triumph.
The Southern statesmen, economists, jurists, publicists, and ethical writers had adapted their opinions to the demands which the defenders of the institution of slavery imposed on the action of the human intellect and conscience; but it was rather startling to discover that the Christian religion, as taught in the Southern States, was a religion which had no vital connection with the Christianity taught in the Northern States.
I. This teaching of psychological and ethical science is to-day the received rule of action followed by the courts of justice in England and the United States. Sound philosophy and positive law are in perfect agreement on this subject. But it was not so a hundred years ago. It is wonderful to us now how strange and erroneous were the views of insanity formerly entertained by English jurists.
Wallace, whose heat and intolerance were appropriately urged in the most exceptional English; of Howe, whose tirade against the rebel General Johnson was feeble as it was ungenerous! This court was needed to show us at least the petty tyranny of martial law and the pettiness of martial jurists.
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