United States -- Politics and government -- 1913-1921; World War, 1914-1918 -- United States
The opinion of the world is the mistress of the world; and the processes
of international law are the slow processes by which opinion works its
will. What impresses me is the constant thought that that is the
tribunal at the bar of which we all sit. I would call your attention,
incidentally, to the circumstance that it does not observe the ordinary
rules of evidence; which has sometimes suggested to me that the ordinary
rules of evidence had shown some signs of growing antique. Everything,
rumor included, is heard in this court, and the standard of judgment is
not so much the character of the testimony as the character of the
witness. The motives are disclosed, the purposes are conjectured, and
that opinion is finally accepted which seems to be, not the best founded
in law, perhaps, but the best founded in integrity of character and of
morals. That is the process which is slowly working its will upon the
world; and what we should be watchful of is not so much jealous
interests as sound principles of action. The disinterested course is
always the biggest course to pursue not only, but it is in the long run
the most profitable course to pursue. If you can establish your
character, you can establish your credit.
What I wanted to suggest to this association, in bidding them very
hearty welcome to the city, is whether we sufficiently apply these same
ideas to the body of municipal law which we seek to administer.
Citations seem to play so much larger a role now than principle. There
was a time when the thoughtful eye of the judge rested upon the changes
of social circumstances and almost palpably saw the law arise out of
human life. Have we got to a time when the only way to change law is by
statute? The changing of law by statute seems to me like mending a
garment with a patch, whereas law should grow by the life that is in it,
not by the life that is outside of it.
I once said to a lawyer with whom I was discussing some question of
precedent, and in whose presence I was venturing to doubt the rational
validity, at any rate, of the particular precedents he cited, "After
all, isn't our object justice?" And he said, "God forbid! We should be
very much confused if we made that our standard. Our standard is to find
out what the rule has been and how the rule that has been applies to the
case that is." I should hate to think that the law was based entirely
upon "has beens." I should hate to think that the law did not derive its
impulse from looking forward rather than from looking backward, or,
rather, that it did not derive its instruction from looking about and
seeing what the circumstances of man actually are and what the impulses
of justice necessarily are.
Public-domain text, read in full here on John Shaqi.
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