Fix footnote bodies

This commit is contained in:
2023-08-03 18:46:41 -06:00
parent ca9ce5723e
commit ff9ad5f107
13 changed files with 2723 additions and 2709 deletions

View File

@ -678,77 +678,77 @@ decide the same question the other way, _unless they were misled by the
justices_. If, however, such things should sometimes happen, from any
cause whatever, the remedy is by appeal, and new trial.
[Footnote 73: Judges do not even live up to that part of their own
maxim, which requires jurors to try the matter of fact. By dictating to
them the laws of evidence,—that is, by dictating what evidence they may
hear, and what they may not hear, and also by dictating to them rules
for weighing such evidence as they permit them to hear,—they of
necessity dictate the conclusion to which they shall arrive. And thus
the court really tries the question of fact, as well as the question of
law, in every cause. It is clearly impossible, in the nature of things,
for a jury to try a question of fact, without trying every question of
law on which the fact depends.]
[^73]: Judges do not even live up to that part of their own
maxim, which requires jurors to try the matter of fact. By dictating to
them the laws of evidence,—that is, by dictating what evidence they may
hear, and what they may not hear, and also by dictating to them rules
for weighing such evidence as they permit them to hear,—they of
necessity dictate the conclusion to which they shall arrive. And thus
the court really tries the question of fact, as well as the question of
law, in every cause. It is clearly impossible, in the nature of things,
for a jury to try a question of fact, without trying every question of
law on which the fact depends.
[Footnote 74: Most disagreements of juries are on matters of fact, which
are admitted to be within their province. We have little or no evidence
of their disagreements on matters of natural justice. The disagreements
of _courts_ on matters of law, afford little or no evidence that juries
would also disagree on matters of law—that is, _of justice_; because
the disagreements of courts are generally on matters of _legislation_,
and not on those principles of abstract justice, by which juries would
be governed, and in regard to which the minds of men are nearly
unanimous.]
[^74]: Most disagreements of juries are on matters of fact, which
are admitted to be within their province. We have little or no evidence
of their disagreements on matters of natural justice. The disagreements
of _courts_ on matters of law, afford little or no evidence that juries
would also disagree on matters of law—that is, _of justice_; because
the disagreements of courts are generally on matters of _legislation_,
and not on those principles of abstract justice, by which juries would
be governed, and in regard to which the minds of men are nearly
unanimous.
[Footnote 75: This is the principle of all voluntary associations
whatsoever. No voluntary association was ever formed, and in the nature
of things there never can be one formed, for the accomplishment of any
objects except those in which all the parties to the association are
agreed. Government, therefore, must be kept within these limits, or it
is no longer a voluntary association of all who contribute to its
support, but a mere tyranny established by a part over the rest.
[^75]: This is the principle of all voluntary associations
whatsoever. No voluntary association was ever formed, and in the nature
of things there never can be one formed, for the accomplishment of any
objects except those in which all the parties to the association are
agreed. Government, therefore, must be kept within these limits, or it
is no longer a voluntary association of all who contribute to its
support, but a mere tyranny established by a part over the rest.
All, or nearly all, voluntary associations give to a majority, or to
some other portion of the members less than the whole, the right to use
some _limited_ discretion as to the means to be used to accomplish the
ends in view; but _the ends themselves to be accomplished_ are always
precisely defined, and are such as every member necessarily agrees to,
else he would not voluntarily join the association.
Justice is the object of government, and those who support the
government, must be agreed as to the justice to be executed by it, or
they cannot rightfully unite in maintaining the government itself.
All, or nearly all, voluntary associations give to a majority, or to
some other portion of the members less than the whole, the right to use
some _limited_ discretion as to the means to be used to accomplish the
ends in view; but _the ends themselves to be accomplished_ are always
precisely defined, and are such as every member necessarily agrees to,
else he would not voluntarily join the association.
[^76]: Jones on Bailments, 133.
Justice is the object of government, and those who support the
government, must be agreed as to the justice to be executed by it, or
they cannot rightfully unite in maintaining the government itself.]
[^77]: Kent, describing the difficulty of construing the written
law, says:
“Such is the imperfection of language, and the want of technical skill
in the makers of the law, that statutes often give occasion to the most
perplexing and distressing doubts and discussions, arising from the
ambiguity that attends them. It requires great experience, as well as
the command of a perspicuous diction, to frame a law in such clear and
precise terms, as to secure it from ambiguous expressions, and from all
doubts and criticisms upon its meaning.”—_Kent_, 460.
The following extract from a speech of Lord Brougham, in the House of
Lords, confesses the same difficulty:
“There was another subject, well worthy of the consideration of
government during the recess,—the expediency, _or rather the absolute
necessity_, of some arrangement for the preparation of bills, not merely
private, but public bills, _in order that legislation might be
consistent and systematic, and that the courts might not have so large a
portion of their time occupied in endeavoring to construe acts of
Parliament, in many cases unconstruable, and in most cases difficult to
be construed_.”—_Law Reporter_, 1848, p. 525.
[Footnote 76: Jones on Bailments, 133.]
[Footnote 77: Kent, describing the difficulty of construing the written
law, says:
“Such is the imperfection of language, and the want of technical skill
in the makers of the law, that statutes often give occasion to the most
perplexing and distressing doubts and discussions, arising from the
ambiguity that attends them. It requires great experience, as well as
the command of a perspicuous diction, to frame a law in such clear and
precise terms, as to secure it from ambiguous expressions, and from all
doubts and criticisms upon its meaning.”—_Kent_, 460.
The following extract from a speech of Lord Brougham, in the House of
Lords, confesses the same difficulty:
“There was another subject, well worthy of the consideration of
government during the recess,—the expediency, _or rather the absolute
necessity_, of some arrangement for the preparation of bills, not merely
private, but public bills, _in order that legislation might be
consistent and systematic, and that the courts might not have so large a
portion of their time occupied in endeavoring to construe acts of
Parliament, in many cases unconstruable, and in most cases difficult to
be construed_.”—_Law Reporter_, 1848, p. 525.]
[Footnote 78: This condemnation of written laws must, of course, be
understood as applying only to cases where principles and rights are
involved, and not as condemning any governmental arrangements, or
instrumentalities, that are consistent with natural right, and which
must be agreed upon for the purpose of carrying natural law into effect.
These things may be varied, as expediency may dictate, so only that they
be allowed to infringe no principle of justice. And they must, of
course, be written, because they do not exist as fixed principles, or
laws in nature.]
[^78]: This condemnation of written laws must, of course, be
understood as applying only to cases where principles and rights are
involved, and not as condemning any governmental arrangements, or
instrumentalities, that are consistent with natural right, and which
must be agreed upon for the purpose of carrying natural law into effect.
These things may be varied, as expediency may dictate, so only that they
be allowed to infringe no principle of justice. And they must, of
course, be written, because they do not exist as fixed principles, or
laws in nature.