Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
When legislation is advised by any considerable number of the leaders of
any political party, which history has shown in other countries to have
been productive of the most deplorable consequences, then it is time to
leave the issues of the present long enough to study the lessons of the
past.
In conning the “Marriage Laws and Customs” of past ages, we can, in
some measure, congratulate ourselves that our Marriage Laws are better
than those of the past centuries, yet when we consider the large class
of “Predestined Lost” ones, born as a result of diseased and mismated
marriages, and when we give but a cursory examination to the divorce
statistics, we can see that we have grave need for better laws on this
most important of all subjects, the regulation of the relation, through
which the standards of citizenship are controled.
The Witch-Craze, in Europe and America, which resulted in the wholesale
slaughter of innocents, through a blind faith by the Courts, in
the popular standards of the people, whereby unprovable offenses,
were permitted to be established in utter disregard of the rules of
evidence, and a vacillating, dependent judiciary helped for centuries,
to perpetrate the most intolerable outrages against civilization,
illustrates the necessity of an absolutely independent judiciary, free
from the dominating influence of the frenzy of the public and a constant
adherence to the rules of evidence and the proper legal ideals, in the
administration of the law.
The Judicial Recall, as we see it in ancient history, is another of the
present popular fantasies to be avoided. Hammurabi tried this system
2,500 years before Christ’s time, when witches were convicted according
to their ability to swim a torrent and surgeons were mutilated, by the
loss of a hand, for an unsuccessful operation. It was also tried in
ancient Athens and because of some unpopular decision, the “most just
Judge” of that city, Aristides, was recalled, and some votes were cast
against him, because the voters were simply tired of hearing him called
“The Just.” Aristotle’s evidence is to the effect that this law brought
about the most deplorable consequences, in Greece, Persia and other
antique nations, where it was in vogue. The old Anglo-Saxon practice
of preferring the charge of “False Judgment” against the judge whose
decision was challenged, who was recalled, if this charge was sustained,
was found inimical to the interest of the Government and since the
English Judges were emancipated from the narrow groove of an unskilled
public sentiment and were appointed for life, the majesty of the law has
been revered in no other country on the face of the earth, as it has
been in England. This is testimony worth considering, for, judging the
future by the past, if this practice undermined the judicial institutions
of other countries, it would also undermine our own judicial system and
ought to be avoided. The demand, by the ill-formed, for the destruction
Public-domain text, read in full here on John Shaqi.
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