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Updated: June 27, 2025
There are still speakers and writers who seem to think that the Irish are incurably vicious, because the accumulated effects of so many centuries cannot be removed at once by a wave of the legislator's wand. Some still believe, or affect to believe, that the very air of the island is destructive of the characters and understandings of all who breathe it."
The fact that these two great branches of the philosophy of observation and practice, both already virtually recognised as that, the one openly, subordinating the physical forces of nature to the wants of man, changing the face of the earth under our eyes, leaving behind it, with its new magic, the miracles of Oriental dreams and fables; the other, under its veil of wildness and spontaneity, under its thick-woven veil of mirth and beauty, with its inducted precepts and dispersed directions, insinuating itself into all our practice, winding itself into every department of human affairs; speaking from the legislator's lips, at the bar, from the pulpit, putting in its word every where, always at hand, always sufficient, constituting itself, in virtue of its own irresistible claims and in the face of what we are told of it, the oracle, the great practical, mysterious, but universally acknowledged, oracle of our modern life; the fact that these two great branches of the modern philosophy make their appearance in history at the same moment, that they make their appearance in the same company of men in that same little courtly company of Elizabethan Wits and Men of Letters that the revival of the ancient learning brought out here this is the fact that strikes the eye at the first glance at this inquiry.
This was objected to for two reasons. A Councillor, who at the age of sixty might be a valuable adviser, might twelve years later be but the shadow of his former self. Moreover, experience showed that Conservatism was apt to strengthen in the nominated legislator's mind with advancing years. So a seven years' tenure has been substituted for life tenure.
After the first covenants, after the first draughts of laws and constitutions, which were the expression of man's primary needs, the legislator's duty was to reform the errors of legislation; to complete that which was defective; to harmonize, by superior definitions, those things which seemed to conflict.
'Come, try upon yourselves what you have seen me? He is only that same narrow, petty, pitiful private man he always was, in the city, and in the field, at the head of the Roman legions, and in the legislator's chair, when, to right his single wrong, or because the people would not let him have all from them, he comes upon the stage at last with Volscian steel, and sits down, Captain of the Volscian armies, at Rome's gates.
Think of the paralysis of intellect that gave that idea birth; imagine the boulder it emerged from on some petrified legislator's shoulders. It is a narrow-gage road to the frontier, and a broader gauge thence to Melbourne. The two governments were the builders of the road and are the owners of it. One or two reasons are given for this curious state of things.
And thus an event contrary to the legislator's intention took place; for the state was poor, the individuals avaricious. Enough of the Lacedaemonian government; for these seem the chief defects in it. The government of Crete bears a near resemblance to this, in some few particulars it is not worse, but in general it is far inferior in its contrivance.
The force of habit was slowly and insensibly to be substituted for that of the legislator's authority, but the existence of such habits previously as forces to be dealt with, and the existence of certain limits of pliancy in the conditions of human nature and social possibility, are facts of which the author of the Social Contract takes not the least account.
The legislator's meaning is not that the father can disinherit, whatever his grievance may be, that nothing is required beyond the wish and a complaint; in that case, what is the court's function? No, gentlemen, it is your business to inquire whether the parental anger rests upon good and sufficient grounds.
However, small as it appears, it was yet worse inhabited; and the first method made use of to increase its numbers, was the opening of a sanctuary for all malefactors and slaves, and such as were desirous of novelty; these came in great multitudes, and contributed to increase the number of our legislator's new subjects. Questions for Examination. What was the origin of the Romans?
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