“The Genius of the Common Law” be seen, said he, that her fortunes had
been quite as varied as the fortunes of the heroines of mediaeval romance. This symbolism furnished the pictur esque titles of the lectures.
I. OUR LADY AND HER KNIGHTS All organized bodies that have any history get a character and reputation that may be stronger than those of the average individuals. For this continuity, which we must admit exists, it is not safe to ofler a definition, but better to
use a symbol. Let that symbol be the genius of the Romans. The genius of
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not only to hate but despise the baser forms of vice and held up an ideal of clean and valiant living which European Christianity could assimilate, so becom
ing a creed not only of God, but of self respecting men? Again, our heathen ancestors.
The traditions of a public life and of a common council are typical of those that have survived. The Tudors in England kept within the bounds of tradi tion, and succeeded in carrying out their policies. The Stuarts went further than the people would permit, and they con sequently fell.
The archaic virtues have their draw
the common law is to be comprehended
backs, and in the next lecture we shall
by going back to Germanic origins, and tracing its continuous development. Taking the Germans as described by Tacitus we find among them four chief characteristics. They had a life of great
see what some of them are. The common
publicity, with personal command only
in the time of war, and ultimate decision as distinct from executive authority and
preliminary counsel in the hands of the free men assembled in arms. The family is monogamist. Morals are simple and, by comparison with Greek or Roman habits, extremely strict; for cowardice and efleminate vice
there is no mercy.
Gambling, on the
other hand, is unrestrained and adven
turousness encouraged. Women not only exhort men to valor, but are con sulted in affairs of weight, though not in public.
When we look at the modern social ethics of Europe and North America we cannot fail to recognize the persistence of the type. Who taught us respect for women?
Our Germanic ancestors.
Who laid down for us the faith that the life of a free nation is public and its
actions bear lasting fruit because they are grounded in the will of the people? Our heathen ancestors. Who bade us
law is the result of human history and human nature, and not at all a monster
of perfection.
No doubt we want per
fection of law, but the assertion that the
law is the perfection of reason is sixteenth century pedantry and nothing more. The law ought to be reason, but we can scarcely hope for perfection if the law remains a human and vital thing. II. THE GIANTS AND THE GODS The giants are the formalities and tradition of the law. The giants have been known to be tyrants, but, on the whole, they have been the good servants
of Our Lady of the Common Law; have brought order out of chaos and made it possible for the gods to reach Valhalla. At this day there is no need to explain that formality is an essential feature
of the archaic law. Persons who talk of primitive simplicity, if they still do, confound rudeness of instruments and poverty in execution with simplicity of ideas. Prehistoric language, customs, and superstitions are exceedingly com plex. The history of modern culture is,
in essentials, a history of simplifications.
