Blackwood's Edinburgh Magazine, Volume 62, No. 383, September 1847Various
General
Blackwood's Edinburgh Magazine, Volume 62, No. 383, September 1847
Various
England -- Periodicals; Scotland -- Periodicals
"Science!" said the young enthusiast, who had recovered something of his
self-possession: "Can conclusions wrested often with perverted ingenuity
from artificial principles and arbitrary axioms, be honoured with the name
of science? And the law, to obtain this fictitious resemblance to a
science, leaves justice behind and unthought of. I will study it, my
father, as I would practise any mechanical art, if you should prescribe it
as a means of being serviceable to my family; but you--who are a
scholar--ah! place not a tissue of technicalities, however skilfully
interwoven, on a level with truth, which has its basis in the nature of
things. I would help my fellow-men to justice; but must I spend my life,
and dry up and impoverish my very soul, in regulating his disputes
according to rules that are something very different from justice?--often
mere logical deductions from certain legal abstractions, in which all
moral right and wrong,--all substantial justice between man and man, is
utterly forgotten?"
"My son," said the father, "you are young, and therefore rash. You think
it, perhaps, an easy thing to do justice between man and man. _We cannot
do justice between man and man._ No combination of honesty and
intelligence can effect it; the whole compass of society affords no means
for its accomplishment. To administer moral justice, each case must be
decided on its own peculiar merits, and those merits are to be found in
the motives of the human heart. We cannot promise men justice. But we must
terminate their disputes. Therefore it is we have a system of law--our
only substitute for justice--by which men are contented to be governed
because it _is_ a system, and applicable to all alike. Believe me, that
wise and able men of all countries are well occupied in rendering more
symmetrical, more imposing, and as little immoral and unjust as possible,
their several systems of jurisprudence."
Petrarch was silent; it was neither his wish nor his policy to prolong the
discussion. Besides, his heart was too full. Had he dared, he would have
pleaded for his own liberty; for choice of poverty and intellectual
freedom--for poverty and greatness! But what he felt within him of the
promptings of ambition, the assurance of fame, the consciousness of
genius, he had too much modesty to express. He could not do justice to
himself, without appearance of overweening pride. It was better to be
silent than to say but half.
It was the remembrance of this visit which, on the present occasion, made
him listen with a painful curiosity to every step upon the stairs. And now
a step _was_ heard. It came nearer and nearer, higher and higher--a rapid
step which never paused an instant till it reached his own door. A loud
knocking followed. But this time it was no spy upon his literary hours.
On opening the door, a fellow-student, breathless with haste, rushed into
the room, and related the tragical event which had taken place at the
house of their common friend Giacomo.
Public-domain text, read in full here on John Shaqi.
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