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
they become a source of disorder and discontent. Hence we see that
jurisprudence is essentially evolutionary and progressive, and that
the majesty of the law does not lie in its age but in its perennial
youth, or, more correctly, in its successive rejuvenescence. It is
true that in China the antiquity of a law is its highest prestige,
but, as a consequence, Chinese justice is proverbially inefficient and
barbarous. It therefore follows that the constant study and improvement
of what we have called the safeguards of our fundamental rights should
be our highest duty, and the object of the care and solicitude of the
State. It is not enough to rest contentedly in the thought that a Magna
Charta, a Petition of Rights, and sundry written constitutions protect
us. Their very existence is but an argument for our eternal vigilance.
Now, the question to be here examined is whether we have exercised that
care and vigilance which are essential to the free enjoyment of our
rights.
Let me premise the statement that the protection of the rights of life,
liberty, and property is peculiarly within the province of the criminal
law. What constitutes the right of life, liberty, and property can not
be defined or described, except negatively by a definition of what will
be deemed its infringements. These we call crimes. To declare what
acts come within the definition of such crimes is the function of the
criminal courts.
It is upon the criminal law, therefore, that we must rely for the
enunciation of what acts shall constitute a breach of the right of
life, liberty, and property, and it is to the criminal bench and bar
that we must turn for the correct interpretation and application of
such enunciations. Hence the more time and attention we devote to the
study of criminal legislation and to the enlightenment of the criminal
bench and bar, the more will the safety of our rights be increased and
strengthened. Likewise, the more we allow criminal legislation to be
the product of hasty consideration and the criminal bar to drift into
disrepute, the more the safety of our rights will be proportionally
weakened.
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