Justice and the modern law

Justice and the modern law

by Everett Vergnies Abbot
     
 

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This is an EXACT reproduction of a book published before 1923. This IS NOT an OCR'd book with strange characters, introduced typographical errors, and jumbled words. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process.

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This is an EXACT reproduction of a book published before 1923. This IS NOT an OCR'd book with strange characters, introduced typographical errors, and jumbled words. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

Product Details

ISBN-13:
2940018982630
Publisher:
Boston, Houghton Mifflin
Format:
NOOK Book
File size:
443 KB

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CHAPTER H THE LAW AS IT IS PRACTICED The Anglo-Saxon mind dislikes generalizations. It prides itself on its ability to meet facts with common sense and to dispense with farfetched theories. The lawyer of the common law, to distinguish him from his brother trained in the Roman or civil law, is the double-distilled essence of the Anglo-Saxon mind. He dislikes legal generalizations, and prefers to administer justice in a practical way according to well- established and conventional standards. We cannot escape generalizations, however. From the sheer physical impossibility of dealing with facts individually, we are compelled to deal with them in groups, and the lawyer of the common law has no charter of freedom from this necessity. Consequently he theorizes, and if he only understood the abandon and irresponsibility with which he theorizes, he would be shocked to the core of his conventionalized soul. He does not understand this, however, because of the form which his theories take. Instead of boldly and frankly generalizing, he thinks and argues in maxims, in proverbs, in scraps of gnomic wisdom, which, after all, are only generalized statements of hasty views and are not the product of scholarly or scientific investigation. Sometimes his maxims are magnificent: the prohibitions of the Fourteenth Amendment, " nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws," are of unexampled efficiency and moral grandeur. Ordinarily, however, his maxims are inaccurate, not to say flagrantly erroneous. Out of the entire mass of declared maxims of the Anglo-Saxon law asset forth in its statutes, its judicial decisions, and its text-books, it is doubtful if a fair qu...

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