Page:Struggle for Law (1915).djvu/50

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Author's Preface


satisfied with superficiality, the mark of muddled minds, which may indeed be rendered dissatisfied and landed in negation, but which can reach no positive view of their own. In purely scientific questions, one may limit himself to the simple refutation of error, even when one is not in a way to point out the positive truth; but in practical matters, where it is certain that one must act, and the question is only how he must act—it is not enough to disregard the positive directions given by another as wrong, but he must put something in their place. I shall wait and see whether this will happen in respect to the positive answer given by me.

One word more, on a point which has been contested even by those with whom I otherwise agree. I refer to my claim that injustice was done to Shylock.

I have not contended that the judge should have recognized Shylock’s bond to be valid; but that, once he had recognized its validity he should not, subsequently, have invalidated it by base cunning. The judge had the choice

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