Even if Helmholtz is right, it is important for the lawyer to recognize
the distinction between the witness who has the gymnasium behind him and
the educated man who has helped himself without that institution. Our
time, which has invented the Ph. D., which wants to do everything for
the public school and is eager to cripple the classical training in the
gymnasium, has wholly forgotten that the incomparable value of the
latter does not lie in the minimum of Latin and Greek which the student
has acquired, but in the disciplinary intellectual drill contained in
the grammar of the ancient tongues. It is superfluous to make fun of the
fact that the technician writes on his visiting cards: Stud. Eng. or
Stud. Mech. and can not pronounce the words the abbreviations stand
for, that he becomes Ph. D. and can not translate his title,--these are
side issues. But it is forgotten that the total examination in which the
public school pupil presents his hastily crammed Latin and Greek, never
implies a careful training in his most impressionable period of life.
Hence the criminalist repeatedly discovers that the capacity for trained
thinking belongs mainly to the person who has been drilled for eight
years in Greek and Latin grammar. We criminalists have much experience
in this matter.
Helmholtz’s first point would, for legal purposes, require very broad
interpretation of the term, “universally valid laws,” extending it also
to laws in the judicial sense of the word. The assertion is frequently
made that laws are passed in the United States in order that they might
not be obeyed, and political regulations are obeyed by the public for,
at most, seven weeks. Of course, the United States is no exception; it
seems as if the respect for law is declining everywhere, and if this
decline occurs in one field no other is likely to be free from it. A
certain subjective or egoistic attitude is potent in this regard, for
people in the main conceive the law to be made only for others; they
themselves are exceptions. Narrow, unconditional adherence to general
norms is not modern, and this fact is to be seen not only in the excuses
offered, but also in the statements of witnesses, who expect others to
follow prescriptions approximately, and themselves hardly at all. This
fact has tremendous influence on the conceptions and constructions of
people, and a failure to take it into consideration means considerable
error.
Public-domain text, read in full here on John Shaqi.
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