313 



lish and Scottish judges in such a case ought to be the same " (Per Macqueen, J. C, in Wat- 

 son vs. Renton, 8 Bell's Sep., 106). 



(-?) Thus for instance the peculiar mode of consummating the marriage contract used by 

 Crates could not be admitted in modern society ; or, to use a more familiar instance, the 

 maintenance of houses of ill-fame, and other disorderly houses, is not to be permitted among 

 the dwellings of respectable persons. This, I take it, to be the tirst of the three precepts of 

 the law given us by Ulpran : " Juris prcecepla sunt hcec : honeste vivere, allerum non kedere, 

 suum cuique iribuere," i. e., to live decently, to injure no one, and to render to every man 

 what is due him — the first referring to the observance of morality, the second to the observ- 

 ance of rights of ownership, or rights i7i rem., and the third to the performance of obliga- 

 tions. 



(e) This principle, with some defects in application, is admirably developed in Von Ihering's 

 Struggle for Right: " The end of the law," he says, " is peace ; the means to that end is 



war The life of the law is a struggle, a struggle of nations, of the State power, of 



classes, of individuals ; all law in the world has been obtained by strife. Every principle of 

 law which obtains had first to be rung by force from those who denied it, and every juridical 

 right — the juridical right of a whole nation as well as those of individuals — supposes a con- 

 tinual readiness to assert and defend it." In illustration of his theme the author refers at 

 length to the story of Michael Kohlhaas, by Heinrich Von Kleist, not as endorsing the con- 

 duct of the man, but a.s approving the sentiment and principle upon which he acted. There is 

 another story with a similar motive, entitled For the Right, the author of which I forget, but 

 of which Mr. Gladstone makes a similar use in a late English review. The manner in which 

 these stories, and Von Ihering's work appeals to the heart of the reader, constitutes the 

 most convincing demonstration of the depth and force of the sentiment of right, and the 

 sentiment that the first principle of manly virtue is to vindicate it, if necessary, by force. 

 In his Preface, Von Ihering informs us, with pardonable vanity, that his little work, at the 

 time of his writing, 1877, had been translated into Hungarian, twice into Russian, and into 

 modern Greek, Dutch, Roumanian, Servian, French, Italian, Danish, Bohemian, Polish 

 and Croatian. 



