Village-Communities in the East And West : Six Lectures Delivered At Oxford to Which Are Added Other Lectures, Addresses And Essays

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Mr. Austin can only evade them by a style out of which metaphor has been weeded till it has become positively repulsive. Dr. Whewell has ac- , knowledged them, by repeatedly falling back on the strict usage of the Roman jurisconsults.- The evil, however, is not one which is felt solely by writers on the philosophy of jurisprudence. It extends to pro- fessional lawyers. Like all men who speak and think, they employ the expressions which have been described as inherited by us from Roman law; but ...they employ them solely as popular expressions — as expressions which serve merely to eke out technical phraseology.
Even ' Obligation,' the term of highest dignity and importance in all jurisprudence, is not defined in English law, and is used by our lawyers with reckless inconsistency. The consequence is not quite the same as on the unprofessional world. It would be absurd to tax the English Bench and Bar with inaccurate thinking. But the natural resource of an accurate mind, dealing with mere popular language, is pro- lixity.


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