Page:The Green Bag (1889–1914), Volume 08.pdf/331

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302
The Green Bag.

From the foregoing various indications, it protected against the danger of individual will be seen that Jewish law did not differ in caprice. its growth and development from the legal The Talmud is justly considered, by those systems of other great nations. Its ancient who understand it, as in no sense inferior to codes were modified and changed by the the Torah. The Torah was the law in its subtle but irresistible influence of time. day, and for the later generations the Talmud The will of the people creates the law; even took its place. The law progresses at all under the most autocratic rule, the voice of times; and the Talmud is a legitimate child the people is ever heard in protest against of the earlier law, which developed according the tyranny that seeks to disturb its ancient to the natural and common growth of all law among all peoples, in harmony and corres customs and common law. The voice of the people is the voice of God, pondence with the changing conditions of human life. The Talmud is not free from and the Mosaic laws were modified accord error, for the whole history of law is the ing to this principle. This instinctive legis lation of the people, although irresistible in story of human error. But mistakes are the its impulse, is exposed to a great danger. accidents in the law, and order and progress Being without definite form and arising out its essential and permanent elements. The of many minds, it will loosen the bonds of common sense of mankind recognizes this social and political organization, unless truth, and men are content to live by law, al unity is given to it by some acknowledged though they may at times suffer for it. The legal soundness, the moral righteous authority. This was the labor of the Talmudists; ness, and the unfailing justice of the Talto gather together the mass of traditional mudic code are its distinguishing character law; to systematize and arrange it; to cast istics, and it will in time be accorded the it into form and shape, so that it might be place that it deserves among the greatest intelligible to all, obeyed by all, and creations of the human intellect.