Appletons' Popular Science Monthly, February 1900: Vol. 56, November, 1899 to April, 1900Various
Science
Appletons' Popular Science Monthly, February 1900: Vol. 56, November, 1899 to April, 1900
Various
Science -- Periodicals; Technology -- Periodicals
The rights of personal security, personal liberty, and private property
have been called the “rights of the people of England,” and may be
said to constitute the richest heirloom in the Anglo-Saxon family.
While, in a certain sense, they belong to all civilized people, yet,
in their practical application, they are peculiarly the creation of
Anglo-Saxon common sense and love of order. The underlying principle of
these rights, clothed by the Latins in the seductive garb of _Liberté_,
_Egalité_, _Fraternité_, gave us a Reign of Terror, a Commune, and
finally a doubtful republicanism; but the same principle, embodied in
the less dazzling formula, “That no man shall be deprived of life,
liberty, or property without due process of law,” produced in the hands
of the Anglo-Saxons more enduring democracies “of the people, by the
people, and for the people.”
With the instinct of a race born for self-government, the Anglo-Saxons
have ever sought and almost always found the highest safeguard
for their ancient rights in the courts of law. Between a partisan
Legislature and a tyrannical Executive an honest judiciary has
generally been found ready to annul the excesses of the one and to
prevent any infringement by the other; so that it has become a belief,
having the force of faith, that in our courts will be found the bulwark
of those liberties which we consider essential to the full enjoyment of
life.
Laws and courts, however, are after all the creation of men, and, like
all such creations, they are necessarily imperfect and fallible; or,
more correctly, they are organisms which develop and improve. In other
words, justice and law are only relatively immutable and perfect.
They do, indeed, represent, in a sense, abstract perfection, and at
any given time they must be considered the highest criterion of human
conduct. But justice and law are not such divinities that they can
withdraw themselves from the operation of those forces which we call
progress. Seriousness, dignity, and venerability are not sufficient
to sustain the majesty of the law; it needs also adaptation to those
higher conditions and broader views which mark the growth of human
thought. The more we come to look upon law as the standard and gauge of
upright human action, the more do we grow to expect it in consonance
with the highest dictates of human knowledge and reason, for what is
above us must represent what is best in us, else it will be neither
respected nor obeyed. Whenever this consonance is not found, human
belief in the dignity of the law and in the efficacy of justice ceases.
For, theoretically at least, law is so near ideal perfection that the
least defect destroys it entirely; and by this “ideal perfection” is
meant that _laws must reflect the highest and soundest thought of
every age_. Laws that fail in this cease to be a power for good; they
are then looked upon either as ridiculous or as oppressive. If the
former, they defeat their ends by becoming dead laws; if the latter,
Public-domain text, read in full here on John Shaqi.
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