Wild Northern Scenes - Sporting Adventures with the Rifle and the Rod by S. H. Hammond
page 193 of 270 (71%)
page 193 of 270 (71%)
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the age, should be corrected. As calm-minded, philanthropic men, we,
the American people, should look into this subject, and, regardless of jeer and scoff, do what justice, humanity, and the right demand of us, in regard to some of the social and legal inequalities between the sexes, pertaining to the married state." "It is one of the mysteries of our system of jurisprudence," replied Spalding, "that while everything else is on the move, while progress is written in letters of living light upon all other things, that remains stationary--at least in a comparative sense. The world moves on, civilization advances, science and the arts stride forward, but the law stands still. A principle which may have been somewhat changed, modified, bent, if you please, into an adaptation to the exigencies of the present, and a fitness for the changed circumstances of the times in which we live, is suddenly thrown back into its old position by the exhumation of some 'decision' from the dust of ages, made by some judge away back in the olden times, resurrected by the research of some antiquarian lawyer, who loves to delve among the rubbish of past generations. The learning, the wisdom, the philosophy of the present is discarded, and the spirits of a lower civilization are conjured from the darkness of vanished centuries, to settle rules for the government of commerce, personal conduct, and the social relations of the times in which we live. There seems to be something paradoxical in the idea that the older the decision the better the law--the more ancient the commentator, the profounder the wisdom of his axioms. This might be well, were it true that civilization is 'progressing backwards,' the science of government retrograding. In that case, it would of course be true, that the nearer you approach the fountain, the purer the stream would be. But such is not the fact. In all these attributes the world is on the advance, the science of |
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