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 Rh are doubtless as dead as our moon which has neither water nor air. The sun is an enormous mass of matter 1,400,000 times as large as the earth and containing 99.866 per cent, of the matter of the whole solar system. Yet it is known to be in a state of such intense heat that some of the metals which it requires great heat even to melt are not only melted but volatilized. No one therefore conceives that there can be any life or intelligence on the sun. Think of the optimism that is required to make out a favorable case from such facts! Even if all parts of all the planets were inhabited they would together make only $$\tfrac{1}{47}$$ part of the area of the sun's surface, while that of the earth alone is only $$\tfrac{1}{12552}$$. But our sun is only one of the lesser fixed stars, and it may be assumed that similar conditions prevail throughout the universe.

If we contemplate the earth itself we find an analogous state of things. The period that man has inhabited the earth is very small compared with what we know its age to be. We can scarcely speak more than relatively, but the certainty is as great as if we could fix dates for geologic events. Of the enormous thickness, (150,000 feet) of sedimentary rocks that can be measured from the earliest to the latest  those that have been deposited since man made his appearance form only a minute fraction. In quite recent times some attempts have been made to determine approximately in years the age of the earth. The results vary greatly but are constantly growing more uniform. The physicists, astronomers, and geologists, who all use widely different data and methods, and who formerly differed greatly, have latterly come to a much closer agreement, which argues some approach to the truth. Using the most moderate ones, the crust of the earth seems to have been fully formed not less than 100,000,000 years ago. Some form of life has probably existed on it during nearly all that period. But paleontology teaches that life, though slowly increasing in development, was of too low an order to be capable of intelligence until man appeared. Yet what are the estimates of man's entire historic and prehistoric existence? The most extravagant of them do


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 based on freedom and equality, it must be both reasonable and necessary and it must not negate the essential content of the right.

The limitation of constitutional rights for a purpose that is reasonable and necessary in a democratic society involves the weighing up of competing values, and ultimately an assessment based on proportionality. This is implicit in the provisions of section 33(1). The fact that different rights have different implications for democracy, and in the case of our Constitution, for "an open and democratic society based on freedom and equality", means that there is no absolute standard which can be laid down for determining reasonableness and necessity. Principles can be established, but the application of those principles to particular circumstances can only be done on a case by case basis. This is inherent in the requirement of proportionality, which calls for the balancing of different interests. In the balancing process, the relevant considerations will include the nature of the right that is limited, and its importance to an open and democratic society based on freedom and equality; the purpose for which the right is limited and the importance of that purpose to such a society; the extent of the limitation, its efficacy, and particularly where the limitation has to be necessary, whether the desired ends could reasonably be achieved through other means less damaging to the right in question. In the process regard must be had to the provisions of section 33(1), and the underlying values of the Constitution, bearing in mind that, as a Canadian Judge has said, "the role of the Court is not to second-guess the wisdom of policy choices made by legislators."

Limitation of Rights in Canada

In dealing with this aspect of the case, Mr Trengove placed considerable reliance on the decision of the Canadian Supreme Court in R v Oakes. The Canadian Charter of Rights, as our Constitution does, makes provision for the limitation of rights through a general clause. Section 1 of the Charter permits such reasonable limitations of Charter rights "as can be demonstrably justified in a free and democratic society." In Oakes' case it was held that in order to meet this requirement a limitation of a Charter right had to be directed to the achievement of an objective of sufficient importance to warrant the limitation of the right in question, and that there had also to be proportionality between the limitation and

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Page:S v Makwanyane and Another.djvu/39


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 Rh may be at any time, without knowing it, walking over the keys to the secrets of the universe. And after man acquires great knowledge and power over the universe, so that he can enlist all the forces and materials of nature in his service, the inequalities in individual opportunities, coupled with the intense egoism which has alone enabled the race to survive, practically robs society of the results by placing the masses in the power of the few under which system neither class can really enjoy the fruits of intelligence and industry.

All this may have a pessimistic sound. In fact it constitutes the contribution that pessimism has made to social philosophy. It has taught us to open our eyes, to look the facts in the face, to listen to no siren song, to see and bravely acknowledge the truth of man's condition and his relation to the universe. So long as we do not exaggerate, so long as these relations, however bad, are the true relations, no possible harm can come of knowing and realizing the truth. It is the only healthy attitude, while on the other hand, the ignorance of this truth or the refusal to avow it is fatal to progress. But it will not do to stop here. It is not enough merely to learn that things are bad. The two errors of pessimism have been, first, that of overdrawing the picture, and second, that of failing to learn the lesson which the picture teaches.

Having tried to paint the picture true to life, let us next inquire what the lesson is that we should learn from its careful study. The first and most elementary principle of that lesson is that the very fortuity from which this entire state of things results is laden with the highest hopes for mankind; that no other condition could furnish any such ground for hope; that the opposite or optimistic view, were it the true one, would really lead to despair. The optimist may be compared to a young man without employment or means of subsistence who lives in the perpetual and illusive hope that some rich relative or acquaintance may bequeath him a fortune. Contrasted with this, the meliorist may be likened to a young man who, recognizing the truth that unearned fortunes are not given to idle adventurers, goes


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 Rh be entirely different from any of those that inhabit this earth. The plan of structure of organic forms depends entirely upon the initiative which first launched each type upon its career. This initiative is wholly fortuitous. The vertebrate type of animals, for example, must be looked upon as due to some primordial accident, as it were, i. e., some coincidence of causes, external and internal, at the appropriate time and place, that happened to determine that type of structure which proved better adapted to sustain the highest organization thus far attained in the animal kingdom. If this particular type had not chanced to be tried, some other would have stood highest, but it is as likely to have been a still better one as to have been a poorer one for the purpose. If the planet Mars is really the home of living beings the chances of the vertebrate type of structure occurring there are only as one to infinity. Yet some superior type may be developed there. And if there be on that planet or anywhere else in the solar system or in the universe a master being related to other beings in any such way as man is related to the other living creatures on this earth, the chances are again infinity to one against his possessing the form or any of the leading physical attributes of human beings.

All this may at first sight look like wild Utopian speculation. But its utility does not lie in any knowledge it yields as to the inhabitants of other planets. It lies in teaching the great lesson that no knowledge of anything can be gained by speculation, and that our only knowledge consists in the actual investigation of facts that lie within our reach. We must study the tangible, visible, demonstrable world and find out what it contains. There is no telling what we shall find. No preconceived notions of what we ought to find, much less of what we ought not to find, must influence the quest for truth. This is not, however, to discourage the use of hypotheses. They are the searchlights of science. But their use requires due caution, and a hypothesis must not be confounded with a thesis.

Now, while it is true that all those aggregations of cosmic elements that give multiplicity and variety to the content of the


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 Rh Moreover, the laws of science and those of art cannot have the same form, since the former only demonstrate, while the latter prescribe. To give concrete examples, the following is a scientific law, because it is the simple identification of a fact; viz., that man always seeks to attain a maximum of result with a minimum of effort. In the proper domain of political economy there are scientific laws, such as the law of supply and demand (goods are always dearer when the demand is great and the supply small); such as Gresham's law (bad money drives out the good); such as the law of Jean-Baptiste Say (products always find a market easiest when they are most abundant and most varied); such as the law of Ricardo (the rent of land tends to constant increase); such as the law of Malthus (population tends to increase in geometrical progression, food in arithmetical). Again there is, on the other hand, a law of art; such, for example, as the well-known law of morals: "do to others as you would that they should do to you;" or the precept of Kant: "treat man as an end not as a means;" or the maxim of the : "lasssez faire, laissez passer." The laws of science and those of art may bear upon the same subject-matter. It is most desirable indeed that upon all social questions accumulated observation shall at last be transformed into scientific laws from which precepts of art may then be immediately derived.

For example, if constant and uninterrupted experience should demonstrate that the application of free-trade measures is every where followed by improvement in general welfare, this would then become a scientific law. From it we might draw without hesitation a precept of art, viz., that free trade should every where be adopted. But even here, in accordance with this hypothesis which I have purposely made as favorable as possible to the reconciliation of science and art, there will always remain between them this difference, that the one is limited to discourse of that which is and has been; while the other may


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 Rh which they present. The rational order of his studies is the following: It is necessary for him first to study the human groups one by one. In each of them he examines (following the terminology of the naturalists) in the first place the anatomy, in the second place the physiology. He observes the physical environment in which the society under consideration lives, the men who compose it, the race to which they belong, the groups (families, associations, cities) into which they are divided—in a word the anatomy of the social body. Passing to the physiology, the sociologist proposes the question—What phenomena take place in this society? The biologist distinguishes in the individual being a life of nutrition, a life of reproduction, a life of relation. Likewise, with the collective existence, the sociologist will distinguish a life of nutrition, precisely represented by economic phenomena; a life of reproduction, consisting of the genetic phenomena; and a life of relation, which gives birth to morality, art, religion and science.

Thus far, however, nothing has been examined but the life of individuals considered in their relations with each other. The life of the entire state as a whole, considered in itself, as an organism at once collective and individual, is superimposed upon these individual lives. This civic life is made up of political phenomena. As to juridical phenomena, they are, so to speak, only the crystallization of different orders of precedent phenomena, the common form which facts economic, moral, religious, political gradually receive, when, losing their primitive plasticity, they accommodate themselves to the rigid forms of written laws.

In brief, the study of these different orders of phenomena constitutes the physiology of a society. But when the sociologist has prosecuted this dual study, anatomical and physiological, for a given society, it is then necessary for him to do the same thing with all other societies. And when he has so surveyed them all, there remains the task of synthesizing the collected data. He must proceed from the anatomy and physiology of each society to the comparative anatomy and the comparative


text: 1911 Encyclopædia Britannica/Dietary

title: 1911 Encyclopædia Britannica/Dietary


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 Rh science of political economy has alone made it possible for us to dream of constructing sociology. As we have seen, sociology is the scientific study of social facts considered in their generality. But who were the first to study social facts scientifically? The economists. In all departments of human activity, practice, that is art of a rudimentary sort, has preceded science. There was cultivation of the soil before there was botany, there was breeding of animals before there was an attempt at zoölogy. But the practical pursuits of agriculture and the breeding of animals led to scientific study of the nature of plants and animals. It has not been different with the social sciences. Practice and a kind of art are in this sphere also very old. In all times there have been diverse views which have presided as a sort of authority over the regulation of labor, or over the levying of customs; precepts of conduct have been furnished to men by laws, by religion, by the morality accepted in their country; there have been general political maxims followed by rulers. All this usually amounts to nothing but a rudimentary praxis; when certain general rules emerge, we may say that an art exists. We cannot say that so far there is science, since what was desired by those who laid down these rules was to produce by the application of them certain social phenomena conformed to their subjective ideas, not a knowledge of social phenomena as they occur spontaneously in the actual environment of the rule-makers.

How then is social science born? If we except Aristotle, whose teaching upon this point cannot be reviewed, and certain moralists like La Bruyère or La Rochefoucauld, who occupied themselves less with formulating doctrines than with observing, we may say that the economists were the first to try, within a particular department of activity, to develop a science of certain social facts. It is in the work of Boisguillebert upon le Detail de France (a most significant title), that we find the original attempt to realize this new idea. To speak generally, the economists in advance of all others realized that by the side of human laws, due to the more or less arbitrary will of an occasional legislator, there exist natural laws, which are not the work of any


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 Rh homogeneous passing into the heterogeneous, or more exactly, for we may thus express his complete formula, we see emerging from confused, chaotic homogeneity, where nothing is distinct, coördinated heterogeneity, where each element has its proper function in relation and in harmony with the functions of the related elements. An economic law has thus become one of the fundamental principles of general sociology.

But even where economic science has not yet gone so far as to establish laws, where it must at present be content with determining facts, these data, such as they are, have none the less great utility for sociology. Economic facts are, in a word, the foundation of the other social facts. The truth of this is easily perceived. In the individual it is nutrition that makes possible reproduction and thought. In society it is the same. Genetic facts, facts psychical in all their forms,—moral, religious, esthetic, scientific, even political and juridical—exist only by virtue of force which issues from the utilization of wealth. Hence the economic regime of a society impresses itself upon all the remainder of its constitution—upon its genetic constitution, as in the case of the institutional bond between wealth and birth; upon its intellectual constitution, according to the mode of life of a people, whether nomadic or settled, militant or peaceful, predatory or pastoral or agricultural; upon its juridical constitution, it is needless to say that the laws relating to property and its partition, to contracts, to successions, reflect the necessities of existence among the nations for which they were made; finally, upon its political constitution, for these same conditions have much to do with the governmental type adopted, whether monarchy, aristocracy or democracy. In a word these economic facts mark with their impress all other social facts. It is consequently essential to the sociologist that he shall understand these economic facts to begin with, since he cannot otherwise understand any of the other facts which he has to study. And if even the economist can furnish these facts only in the crude state, that is without having succeeded in determining their laws, they are still valuable for the sociologist, for in observing the reactions of the


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 Rh our own societies it is necessary to understand rudimentary societies, for our civilization developed out of their barbarism and their savagery; our social organizations have passed through phases which are recalled by those with which these rude societies stopped developing. If we wish to explain our actual modern states, we must study ancient states, and also the inferior contemporary groups which they resemble in so many particulars. It is only by exact knowledge of the past that we can interpret the present and look into the future.

Nor is this all. Sociology is not content to study all societies, but it proposes to study all classes of social facts in all of these societies. Now the mission of economic science is to examine only a single kind of facts. But it would be very useful to the economist to be able to find in another science a resume of the totality of facts contiguous to those which he makes his specialty. This is precisely the service which sociology ought to render. The economic function, which corresponds in society with the function of nutrition in the individual, is without doubt the most rudimentary function, the basis of all others. Nevertheless, if we wish to comprehend its functional action it is necessary to know in addition the structure of the social body in which this function operates—just as to understand the nutrition of an animal it is necessary to know its individual anatomy. Now, as we have seen, sociology occupies itself in the beginning with determining the anatomy of the society studied, with describing its double environment—the external or physical environment (soil, climate, minerals, flora and fauna), and the internal or human environment (race, population, subordinate human groups). But further, after the economic function come the other functions which we have already enumerated—genetic, moral, religious, political, etc. If these are in a sense derived from the first, it is evident also that once differentiated they acquire an existence of their own, and that they react upon the economic phenomena—just as, in the individual, thought, while posterior to nutrition, exercises upon the latter an indisputable influence. It is thus, for example, that the moral ideas of


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 Rh that legislative intervention, a modification of the natural order of phenomena, is always a serious affair; that, in short, we cannot touch a single cell of the social organism, however minute it may be, without affecting all the rest; that the least derangement produces repercussion at every point throughout the environment; that, consequently, before experimenting with a reform, of whatever order it may be, there should be most attentive inquiry as to the sort of consequences which it may bring in its train, throughout series of phenomena that may be very remote in appearance.

From all this the conclusion will be derived that important and lasting modifications are to be expected not from a sudden overthrow, however well meaning may have been its authors, but from the natural course of things, from the proper life of the social organism, which in the long run, like the individual organism, knows how to adapt itself in the best possible way to its environment.

This detailed study of the nature of the social world will result in giving us an increasingly high regard for this nature, in making us comprehend how majestic is its energy, and how feeble in comparison are the powers of individuals or of associated men; in arousing confidence in the spontaneous evolution of societies, and in awakening incredulity toward revolutions which propose to accelerate this evolution more rapidly than is possible, or which even plan to prevail against it by leading us back to a social state which history, the most impartial of judges, has once for all condemned.


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 such objective. In a frequently-cited passage, Dickson CJC described the components of proportionality as follows:

"There are, in my view, three important components of a proportionality test. First, the measures adopted must be carefully designed to achieve the objective in question. They must not be arbitrary, unfair or based on irrational considerations. In short, they must be rationally connected to the objective. Second, the means, even if rationally connected to the objective in this first sense, should impair "as little as possible" the right or freedom in question: R v Big M Drug Mart Ltd. at p. 352. Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of "sufficient importance"."

Although there is a rational connection between capital punishment and the purpose for which it is prescribed, the elements of arbitrariness, unfairness and irrationality in the imposition of the penalty, are factors that would have to be taken into account in the application of the first component of this test. As far as the second component is concerned, the fact that a severe punishment in the form of life imprisonment is available as an alternative sentence, would be relevant to the question whether the death sentence impairs the right as little as possible. And as I will show later, if all relevant considerations are taken into account, it is at least doubtful whether a sentence of capital punishment for murder would satisfy the third component of the Oakes test.

The second requirement of the Oakes test, that the limitation should impair the right "as little as possible" raises a fundamental problem of judicial review. Can, and should, an unelected court substitute its own opinion of what is reasonable or necessary for that of an elected legislature? Since the judgment in R v Oakes, the Canadian Supreme Court has shown that it is sensitive to this tension, which is particularly acute where choices have to be made in respect of matters of policy. In Irwin Toy Ltd v Quebec (Attorney General), Dickson CJ cautioned that courts, "must be mindful of the legislature's representative function." In Reference re ss. 193 and 195 (1)(c) of the Criminal Code (Manitoba), it was said that "the role of the Court is not to second-guess the wisdom of policy choices made by … legislators"; and in R v Chaulk, that the means must impair the right "as little as is reasonably possible". Where choices have to be made between "differing reasonable policy options", the courts will allow the government the deference due to legislators, but "[will] not give them an unrestricted licence to disregard an individual's Charter Rights. Where the government cannot show that it had a reasonable basis for concluding that it has complied with the requirement of minimal impairment in seeking to attain its objectives, the legislation will be struck down."

title: Page:S v Makwanyane and Another.djvu/40


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 Rh On matters of religion, for example, it has been believed that preachers and theologians have formulated the doctrines of theology; and that, as time goes on and theological doctrines change, the changes have been made mostly by the religious teachers as a result of careful investigation. But it is probable that the feelings of the people, as determined in good part by consideration on subjects of politics, of morals, of business, etc., have so modified the opinions expressed by the preachers themselves, and have so reacted upon the feelings of the theological leaders, that our present dogmas, as believed by the public, are rather the result of conflicts of pew versus pulpit than of the direct action of the pulpit over the pew. Most of us have seen and felt the change in the religious opinions of certain individuals, coming largely from feelings regarding personal friends or relatives. We may note also how powerful was the effect of the protestant revolution of the sixteenth century in moulding political beliefs and opinions.

Of course this process of shaping public opinion differs materially in different countries. In certain countries of Europe, Germany for example, a comparatively few persons shape the thought of the people on many political questions. In that country the opinion of the emperor is almost directly accepted as conclusive in many of the court circles. Earlier, Prince Bismarck's views had a like influence. Very intelligent men when questioned regarding public matters were ready to reply: "I do not know. If it is best, Bismarck will attend to it." Among the working classes the opinions of the socialistic leaders are often taken as authoritative and followed directly; and so on through the different political parties, a comparatively few leaders not merely suggest the beginning of public opinion, as in this country in some cases, but they themselves by giving direct expression to their views almost absolutely control it. On general questions of economic policy the professors in the universities, who are supposed to be special authorities on those questions, have far more influence than do men in similar positions in this country. The important sanitary reforms in the city of Berlin were


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Rh questions that the positive statements of President Cleveland regarding money, regarding the tariff, have had great influence. Nobody questions that the positive statements of McKinley on the tariff have had great influence; and doubtless our political leaders might well increase their influence if they were bold enough to speak, or if circumstances forced them to speak more positively.

Many of our great newspapers have a personal following of readers whose views are shaped by the opinions expressed in the editorial columns; but probably since Horace Greeley's day there has been no paper that has exerted the direct influence over its readers that do the great papers of England and Germany.

One chief reason, perhaps, of the comparatively small influence of our press is that the people know the fact that the papers are run from motives of personal profits, and that the policy of the paper is largely determined by the amount to which its opinions will affect its sales and advertising. Often editors with positive opinions are forbidden by the proprietors to express them, because such expression might affect the sales of the paper; and still more often it is true that a paper is compelled to modify its statements for fear that the influence on public opinion might affect unfavorably some outside business in which the proprietor of the paper is engaged. Philadelphia editors have called attention to the fact that Philadelphia papers did not join in the attack on Postmaster General Wanamaker. Wanamaker is a good advertiser. It is stated on trustworthy authority that the subscription list of a well-known republican weekly newspaper dropped almost immediately from 12,000 to 8,000 when in 1876 that paper intimated that possibly Tilden was rightfully elected. Another prominent partisan daily lost a profit currently reported at $100,000 a year upon becoming independent in politics. With so shifting a constituency, one can hardly expect an editor to make very bold attempts to guide public opinion. The facts are useful to show the part played by prejudice and habit. And yet the editor may at least partly justify, on moral grounds, his position for trying to hold his constituency. One cannot guide the opinions of


text:
Love, Dost Thou Smile?

 * Coates, Florence Earle (1905), "Love, Dost Thou Smile?" in Harper's Monthly Magazine (October 1905).
 * Coates, Florence Earle (1909), "Love, Dost Thou Smile?" in Lyrics of Life (1909).
 * Coates, Florence Earle (1916), "Love, Dost Thou Smile?" in Poems II.

title: Love, Dost Thou Smile?


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Rh is in a position so exposed to temptation that he will ultimately yield.

What has been said regarding the nature of public opinion and the way in which it is formed, suggests in itself the best methods of guiding it.

Few people who have not made the effort have any clear conception as to the amount of influence, especially in local matters, that one individual may exert by a little judicious talk with a few men of influence in different classes in society. I have more than once seen one man within two days practically change, or formulate, one might better say, the opinion of a large part of a community by a dozen conversations with as many different men, each representing some special social or business class.

It is of course a commonplace that along many lines that are chiefly moral, public opinion is shaped by the influence of our churches, by public lectures, university extension lectures, meetings called especially for purposes of agitation; and there can be little doubt that all of these measures do at times change legislation through the power that they exert over public opinion. An instance of a law originated and passed through the influence of a university extension lecture was given a year or two ago. But these methods are so well understood that it is not worth while to dwell upon them. Let us note particularly two chief methods that are often spoken of but that are often misjudged and misused.

If one is going to effect any material change in the real nature of government or in general public opinion on fundamental questions involving material change in habit one must begin with the rising generation. There is a belief on the part of many that it is the duty of schools and colleges directly to shape public opinion on important questions of the day. It is thought that they must take up the specific topics under public discussion and teach right views—in practice, of course, the teacher's own views. Not many years since the New York Nation expressed regret that so many of our younger political economists were securing their training in Germany, because, as it said, the tendency


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 Rh cultivate thorough habits of investigation and independent judicial habits of mind in the discussion of political matters, that whatever question arises young men who have come from the universities will feel in conscience bound not to accept the theories and opinions of others, but carefully to investigate for themselves. The issue of today will be dead when our younger students become voters. They need power and judicial capacity, not specific opinions. What matters it, in the long run, so far as the existence of the country is concerned, whether we have a free trade policy or a protective policy? It is but a matter of dollars and cents; it is but a matter, more or less, of the distribution of wealth in the country. But the question whether our citizens are to be thoughtful and unprejudiced in their opinions, affects vitally the form and spirit of our government. There can be no question that many of the professors in our universities are themselves chiefly responsible for the wrong attitude of the public on this question of the influence of universities upon public opinion. They have themselves, by their bigoted habit of mind and their desire to indoctrinate the youths with what they believe to be correct opinions, encouraged the public belief that the universities were places for the propagation of specific doctrines. Public questions ought to be discussed freely, of course; but students ought to be trained to think for themselves, not to accept ready made the opinions of their professors.

The second great organ as well as guide of public opinion is the press. I have already intimated that our press is not independent; that it is not an influence that always tends toward good in the shaping of public opinion. Almost without exception, as has been said, our editors feel called upon to present questions of public interest from a partisan standpoint, giving facts and arguments on one side, suppressing facts and arguments on the other, instead of furnishing material on both sides by which the people will be encouraged to think out independently the issue of the day. Perhaps no other one influence is so much needed in our political life today as is a press that is truly independent—not one that, cutting loose from the two or three


text: Poems (Coates 1916)/Volume II/Love, Dost Thou Smile ?


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 LOCAL ALLIANCES. a few years there has taken place a remarkable change in Christian public opinion touching the relations of the church to society. The increasing recognition of the social mission of the church has prepared the way for the formation of local organizations which the Evangelical Alliance for the United States now invites.

REASONS FOR FORMING LOCAL ALLIANCES. The following reasons, in brief, for forming such organizations afford at the same time a statement of their objects.

1. To bring conscience to bear on the life of the nation.—A quickened and enlightened conscience is the great need of the times in the relation of employer and employe, in all private business, in all public trusts, in politics and in legislation, municipal, state and national. In whatever sphere men ought, there it is the right and duty of the church to urge the dictates of the Christian conscience. But in the unorganized condition of the churches there is no medium through which the Christian conscience of the city, the state, the nation can utter itself. For lack of this saving salt, municipal government has rotted and legislatures have become corrupt. Every year needed reform legislation fails and laws are enacted which do violence to the Christian conscience of the state because there is no adequate medium through which that conscience can be brought to bear. By such organization as is proposed, a legislature could be flooded with hundreds of thousands of names, in petition or protest, in a single week.

2. To close the chasm between churches and workingmen.—This chasm is largely one of misunderstanding and indifference. Individual church members have done much in behalf of workingmen, but they have not done it in the name of the churches, and hence are not understood to represent the churches. Their


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 Limitation of Rights in Germany

The German Constitution does not contain a general limitations clause but permits certain basic rights to be limited by law. According to Professor Grimm, the Federal Constitutional Court allows such limitation "only in order to make conflicting rights compatible or to protect the rights of other persons or important community interests…any restriction of human rights not only needs constitutionally valid reasons but also has to be proportional to the rank and importance of the right at stake." Proportionality is central to the process followed by the Federal Constitutional Court in its adjudication upon the limitation of rights. The Court has regard to the purpose of the limiting legislation, whether the legislation is suitable for the achievement of such purpose, which brings into consideration whether it in fact achieves that purpose, is necessary therefor, and whether a proper balance has been achieved between the purpose enhanced by the limitation, and the fundamental right that has been limited. The German Constitution also has a provision similar to section 33(1)(b) of our Constitution, but the Court apparently avoids making use of this provision, preferring to deal with extreme limitations of rights through the proportionality test.

Limitation of Rights Under the European Convention

The European Convention also has no general limitations clause, but makes certain rights subject to limitation according to specified criteria. The proportionality test of the European Court of Human Rights calls for a balancing of ends and means. The end must be a "pressing social need" and the means used must be proportionate to the attainment of such an end. The limitation of certain rights is conditioned upon the limitation being "necessary in a democratic society" for purposes defined in the relevant provisions of the

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 Rh many will be liable to emphasize the physical to the neglect of the spiritual. If the evangelical churches, with all the stimulus which comes from united action, confined their coöperation to efforts in behalf of the physical, they would greatly facilitate an extreme action. But by directing their efforts to the service of the entire man they will be able to preserve a happy balance, on which their highest usefulness depends. . Evangelical Alliance for the United States


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 Rh which they cannot otherwise answer. We cannot promise to make satisfactory replies in every instance, but the editors will give correspondents the benefit of the best information within their reach, and will call upon other specialists for assistance.

It must be observed that the does not offer itself as an encyclopædia nor as an oracle of opinion upon the endless miscellany of propositions for social reorganization. All possible help will be given upon the methodology and bibliography of social science in its various departments.


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 Convention. The national authorities are allowed a discretion by the European Court of Human Rights in regard to what is necessary—a margin of appreciation—but not unlimited power. The "margin of appreciation" that is allowed varies depending upon the nature of the right and the nature and ambit of the restriction. A balance has to be achieved between the general interest, and the interest of the individual. Where the limitation is to a right fundamental to democratic society, a higher standard of justification is required; so too, where a law interferes with the "intimate aspects of private life." On the other hand, in areas such as morals or social policy greater scope is allowed to the national authorities. The jurisprudence of the European Court of Human Rights provides some guidance as to what may be considered necessary in a democratic society, but the margin of appreciation allowed to national authorities by the European Court must be understood as finding its place in an international agreement which has to accommodate the sovereignty of the member states. It is not necessarily a safe guide as to what would be appropriate under section 33 of our Constitution.

Is Capital Punishment for Murder Justifiable under the South African Constitution?

In Zuma's case, Kentridge AJ pointed out that the criteria developed by the Canadian Courts for the interpretation of section 1 of the Canadian Charter of Rights may be of assistance to our Courts, but that there are differences between our Constitution and the Canadian Charter which have a bearing on the way in which section 33 should be dealt with. This is equally true of the criteria developed by other courts, such as the German Constitutional Court and the European Court of Human Rights. Like Kentridge AJ, "I see no reason in this case… to attempt to fit our analysis into the Canadian pattern," or for that matter to fit it into the pattern followed by any of the other courts to which reference has been made. Section 33 prescribes in specific terms the criteria to be applied for the limitation of different categories of rights and it is in the light of these criteria that the death sentence for murder has to be justified.

"Every person" is entitled to claim the protection of the rights enshrined in Chapter Three, and "no" person shall be denied the protection that they offer. Respect for life and dignity which are at the heart of section 11(2) are values of the highest order under our Constitution. The carrying out

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 MINOR EDITORIALS.

FREE INVESTIGATION. following is a fair specimen of numerous communications which have come to hand during the past month: , Aug. 5, 1895. To the Editor of The American Journal of Sociology: I have just received your interesting circular. I have the highest respect for the able members of the University faculty who are at the head of the undertaking and for the scholars who are cooperating with them. But I feel it a duty to say that I can look for no lasting good from a work that is conducted by an educational institution founded by the arch-robber of America and which already, by its treatment of Professor Bemis, exhibits a determination to throttle free investigation of sociological or economic subjects wherever there is any danger of running counter to plutocratic interests. For this reason I regard the tendency to make our higher educational institutions in this country dependent upon private benefactions a very serious menace to the cause of scientific truth, and calculated to make our scholars timorous and truculent, rather than fearlessly devoted to arriving at the truth, pure and simple, as science demands. Very truly yours, ____________ _____________

It is no part of the mission of this to eulogize, still less to defend The University of Chicago, its founder, its faculty or its policy. Neither do we propose to use the pages of the in apology for its own conduct. The contents will justify or condemn themselves. We refer to the above letter just as we would if it concerned matters with which we were personally familiar at Harvard, or Cornell, or Leland Stanford.

The specific reason alleged for lack of confidence in the rests upon grounds which persons acquainted with the facts know to be utterly and ludicrously imaginary. We may therefore be pardoned for declining to treat it in the most serious vein. Our correspondent's easy surrender to appearances, in his phrase "timorous and truculent," gives reason for pointing a moral without strenuous effort.

The alliteration is forceful, but the ideas thus associated seem to be


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 Rh past periods, but much more to show how discovered facts and forces and principles foreordain a more complete equilibrium of social elements, and to make definite exhibit of this indicated order.

It goes without saying, after what has preceded, that in the present state of our descriptive material, and of our static and dynamic interpretation, this latter task is to be treated for the present as a methodological desideratum, the satisfaction of which can be expected only in tentative and fragmentary form. Yet this part of our method seems to me so radically important that I have been misled into speaking of it as though it were the whole of "statical sociology." For want of a better term I have lately been designating this division of statical interpretation by the title "ideostatics."


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 STATIC AND DYNAMIC SOCIOLOGY.

above title is the subject of an important and timely paper, by Professor Lester F. Ward, in the last number of the Political Science Quarterly. The discussion is not of merely technical or, as it may appear to many, pedantic interest. The lack of uniformity in the use of terms in treatment of societary phenomena is both product and propagator of confused ideas about facts and principles, from the most concrete and simple to the most complex. Agreement upon the questions involved will at once facilitate advance of knowledge about every department and phase of societary conditions. It is especially desirable that teachers of the social sciences should have definite notions of these rudimentary conceptions.

It is not my purpose to review Professor Ward's argument in detail. It deserves to be made the occasion for thorough reconsideration of all the questions which it raises, and for conclusions which will resolve much needless vagueness. As will appear later, it seems to me that Professor Ward has correctly defined the territory of social statics and social dynamics, but I think his criteria of static and dynamic relations are not self-consistent, and furthermore I maintain that he has not indicated the proper method of employing these conceptions.

In general, the distinctions "static" and "dynamic" are logical, methodological and pedagogical. In other words they are primarily and chiefly subjective rather than objective. They are categories imposed upon the object by the mind which attempts


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User talk:208.54.86.72

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xiv


text: A Book of Dartmoor/Chapter 11

title: A Book of Dartmoor/Chapter 11


text: 1911 Encyclopædia Britannica/Leo (popes)/Leo X


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Collier's New Encyclopedia (1921)/Almanac

ALMANAC, an annual compilation, based on the calendar, embracing information pertinent to the various days of the year, the seasons, etc., with astronomical calculations and miscellaneous intelligence. Before the invention of printing there was no satisfactory method of distributing to the public systematically arranged information about the calendar for the year and the forthcoming astronomical phenomena; but different ingenious devices were employed by the people. One of the most celebrated of these was the so-called clog almanac, a four-sided stick of wood, upon which the Sundays and other fixed days were notched, and the characters were inscribed to distinguish them.

The oldest printed almanac is attributed to George von Purbach, of Vienna, in the middle of the 15th century, and entitled “Pro Annis Pluribus.” King Matthias Corvinus employed Johann Regiomontanus, in 1474, to compile an almanac, which was printed in Latin and in German. Almanacs were issued by a printer named Engel beginning with the year 1491. Stöfler, Tübingen, published almanacs at irregular intervals. Yearly almanacs were printed somewhere in the course of the 16th century. In the 17th century all sorts of astrological and meteorological information and other kinds of news were published in the almanacs and took the place, in a measure, of the newspaper of to-day. The “Almanach Royal,” which began to be published in 1679 in Paris, contained notices in regard to posts, court festivals, masses, markets, etc. In 1699 the genealogy of the royal house and enumeration of the higher clergy were added. This form of almanac was imitated in Prussia in 1700, in Saxony in 1728, and, under the title of

“Royal Almanac,” in England in 1730. Shortly afterward almanacs prepared for the people began to appear, containing, instead of official information, short stories, anecdotes, poems, and all sorts of information.

In England, King James I. gave the monopoly of almanac printing to the Universities and the Stationers' Company, but the former were no more than sleeping partners in the concern.

The first American almanac was that of William Pierce, of Cambridge, published in 1639. The most famous of American almanacs was “Poor Richard's,” published in Philadelphia by Benjamin Franklin under the pseudonym of Richard Saunders.

Some of the almanacs that are regularly published every year are extremely useful, and are indeed almost indispensable to men engaged in official, mercantile, literary, or professional business. Such in Great Britain are Thom's “Official Directory of the United Kingdom,” the “British Almanac” with its “Companion,” Oliver & Boyd's “Edinburgh Almanac,” and Whitaker's “Almanac.” In the United States “The American Almanac” appeared between 1830-1861, and a second publication under the same name was edited for several years by Ainsworth R. Spofford. Several of the largest newspapers in the United States now issue almanacs which are marvels of condensed information.

The “Almanach de Gotha,” which has appeared at Gotha since 1764, contains in small bulk a wonderful quantity of information regarding the reigning families and governments, the finances, commerce, populations, etc., of the different states throughout the world. It is published both in a French and in a German edition. “The Nautical Almanac” is an important work published annually by the British Government, two or three years in advance, in which is contained much useful astronomical matter. This almanac was commenced in 1767 by Dr. Nevil Maskelyne, astronomer royal. The French “Connaissance des Temps” is published with the same views as the English “Nautical Almanac,” and nearly on the same plan. It commenced in 1679. Of a similar character is the “Astronomisches Jahrbuch,” published at Berlin. The “American Ephemeris and Nautical Almanac” is issued annually since 1855 by the Bureau of Navigation of the United States.


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Page:Romance of History, Mexico.djvu/80

 from the Old World to the New? Curiously alike were many of their legends and customs to those of the Egyptians, the Hebrews, the Chinese, and the Tartars. Did they perchance cross from the coasts of Africa ere the mighty earthquake in one fatal day and night engulfed for ever beneath the billows Atlantis, that vast island which stretched, so the Greeks believed, across the ocean from Libya west-ward? Or was Asia, the great mother of nations, their ancient homeland? The wild wars of the Tartars may have driven many a tribe across the Behring Strait. This seems perhaps the most probable of theories. There is certainly something of the Mongol in the Mexican physique.

In the land of Anahuac settled a roaming people whose story we can only dimly guess. If they came from the wintry north, this country, which is now called Mexico, must have seemed a paradise on earth. Between two high mountain ranges stretches a lofty plateau, beautiful alike in scenery and climate. Lying a bare twenty degrees north of the equator, it would be hot as the plains of India if it were not for its altitude. Such a height, indeed, in the latitude of New York would mean an Arctic climate, but to Mexico it gives almost perpetual spring. Midway across the plateau is a valley with five fair lakes, while from the snow-capped mountains rivers flow eastward to the Atlantic and westward to the Pacific.

Almost all early civilisations have taken their rise in warm, well-watered lands, not too enervating in climate. In Egypt, China, Chaldea, the people gained an easy livelihood from the rich alluvial soil, 58

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 and had time to think of arts and crafts. So it was in Anahuac, whose very name means near the water. While the Indians of North America endured all the hardships and uncertainties of a hunter's life, the dwellers in this sunnier land learned to till the soil, and then, rewarded by its rich yield, had leisure and strength to invent many an art which added to the beauty and comfort of life. Lost is the history of these primitive inhabitants, but massive ruins of palaces, temples, and pyramids, ancient perhaps as those of Egypt, bear witness to their skill.

Earliest of the settlers in Anahuac, from whom tradition tries to lift the veil, were the Toltecs. From "an ancient red land" they came far away in the north, driven from their home by their fierce neighbours the Chichimecs. They were led by seven chieftains, but God was their great commander, and from the stars Hueman, their high priest, read His will. A hundred years they wandered before they reached the land of Anahuac, and founded there, towards the close of the seventh century, a wonderful empire. North of the valley of the five lakes they built their capital Tula. So many and so fine were their palaces and temples that the name Toltec became a synonym for architect. In astrology, soothsaying, and the calculation of time, they were well versed. "The aged Hueman" who must have lived three hundred years, or had successors of the same name, "assembled all the wise men to join him in his final work on earth" some time after the foundation of the empire. Together they prepared the "Book of God," in which they represented by paintings every event in their 59

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text: Author talk:Charles Heron Wall

title: Author talk:Charles Heron Wall


text:
Collier's New Encyclopedia (1921)/Synge, John Millington

SYNGE, JOHN MILLINGTON, an Irish dramatist and poet, born in 1871. He was educated at Trinity College, Dublin, in 1892, and for 10 years following studied languages and music in Germany, France, and Italy. He finally settled in Paris and devoted himself to the study of French literature. During the period of his stay on the continent, he annually made trips to the Arran Islands, in order to write of the primitive life of its inhabitants. In 1893 he settled in Ireland and devoted himself to writing for the Abbey Theater, in Dublin. He was considered to be the most talented of the dramatists of the Irish Literary Revival. His plays, which were produced in the United States with considerable success, included “The Shadow of the Glen” (1903); “Riders to the Sea” (1904); “The Well of the Saints” (1905); “The Tinker's Wedding” (1909); and “Playboy of the Western World” (1907). He died in 1909.


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 of the death penalty would destroy these and all other rights that the convicted person has, and a clear and convincing case must be made out to justify such action.

The Attorney General contended that the imposition of the death penalty for murder in the most serious cases could be justified according to the prescribed criteria. The argument went as follows. The death sentence meets the sentencing requirements for extreme cases of murder more effectively than any other sentence can do. It has a greater deterrent effect than life imprisonment; it ensures that the worst murderers will not endanger the lives of prisoners and warders who would be at risk if the "worst of the murderers" were to be imprisoned and not executed; and it also meets the need for retribution which is demanded by society as a response to the high level of crime. In the circumstances presently prevailing in the country, it is therefore a necessary component of the criminal justice system. This, he said, is recognised by the Appellate Division, which only confirms a death sentence if it is convinced that no other sentence would be a proper sentence.

The Judgements of the Appellate Division

The decisions of the Appellate Division to which the Attorney General referred are only of limited relevance to the questions that have to be decided in the present case. The law which the Appellate Division has applied prescribes that the death sentence is a competent sentence for murder in a proper case. The Appellate Division has reserved this sentence for extreme cases in which the maximum punishment would be the appropriate punishment. Were it to have done otherwise, and to have refused to pass death sentences, it would in effect have been saying that the death sentence is never a proper sentence, and that section 277(1)(a) should not be enforced. This was not within its competence. The criteria set by the Appellate Division for the passing of a death sentence for murder are relevant to the argument on arbitrariness, and also provide a basis for testing the justifiability of such a penalty. They do not, however, do more than that.

The Judgement of the Tanzanian Court of Appeal

There is support for part of the Attorney General's argument in the judgment of the Tanzanian Court of Appeal in Mbushuu and Another v The Republic. It was held in this case that the death sentence amounted to cruel and degrading punishment, which is prohibited under the Tanzanian Constitution, but that despite this finding, it was not unconstitutional. The Constitution authorised derogations to be made from basic rights for legitimate purposes, and a derogation was lawful if it was not arbitrary, and was reasonably necessary for such purpose. The legitimate purposes to which the death sentence was directed was a constitutional requirement that "everyone's right to life shall be protected by law." The death sentence was a mandatory penalty for murder, but it was not considered by the Court to be arbitrary because decisions as to guilt or innocence are taken by judges. There was no proof one way or the other that the death sentence was

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 history from the Creation to their arrival at Tula. In this divine book, which, unfortunately, is known to us only through tradition, they depicted their knowledge of agriculture, of metal-working, and of other arts, their system of government, the rites of their religion, their reading of the stars, and mystical prophecies concerning the future.

The Toltecs were not warlike, and after four hundred years their empire seems to have melted away before the onslaughts of the Chichimecs who had followed them from the north. Savage and ignorant, the new-comers lived only on game and natural roots and fruits, were clothed only in the skins of beasts, and had no weapons save the bow and arrow. Their sway in Anahuac was short, for they were speedily followed and absorbed by more civilised tribes, worthier successors to the Toltecs, who still lingered in the land of their lost empire.

This race, which inherited the Toltec glory, consisted of several kindred tribes. They all left their ancient home at the same time, but the Tezcucans were the first to enter Anahuac, while the Aztecs or Mexicans, lingering on the way, did not reach the land of plenty until the beginning of the thirteenth century, some time after the settlement of their brethren.

According to tradition these tribes came, like the Toltecs, from the far north. "Our fathers," they said, "dwelt in a happy and prosperous place called Aztlan, which means whiteness. In this place there is a great mountain in the middle of the water which is called Culhuacan, the crooked mountain, because it has the point somewhat turned over towards the 60

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 bottom. In this mountain were some hollows where our fathers lived for many years; and there they had much repose. . . . They went about in canoes, and made furrows in which they planted maize, red peppers, tomatoes, beans, and all kinds of seed that we eat." But at last there was heard in the forest for many days a bird crying "Tihui! tihui!" which means "Let us go! let us go!" The priests declared it was a message from the gods bidding their people seek a new home, so they set forth on the long wandering which brought them at length to Anahuac.

The Aztecs, who came last to the beautiful valley, found that the Tezcucans had already built on the largest of the five fair lakes a city, to which they had given the name Tezcuco. From place to place in the land of Anahuac the Aztecs roamed, but nearly a hundred years went by ere they made a permanent settlement. It was said to be in the year 1325 that they paused one day on the western shore of Lake Tezcuco, and there beheld an eagle with a serpent in its talons, perched upon a cactus, which sprang from a hole in the naked rock. "It is an omen!" cried the high priest, "here your wanderings shall cease, and here you shall found a great city." Here then the Aztecs sank piles in the shallows of the lake on which to build their huts, and a temple for their god, to whom they offered in sacrifice a human being. Thus arose Tenochtitlan, which means a cactus on a stone. In after years the city was called also Mexico, in obedience to the command of the war-god Huitzilopotchli or Mexitli. Giving to his people the distinguishing mark of a patch of gum and feathers to wear 61

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 necessarily a more effective punishment than a long period of imprisonment. In the view of the Court, however, it was for society and not the courts to decide whether the death sentence was a necessary punishment. The Court was satisfied that society favoured the death sentence, and that in the circumstances "the reasonable and necessary" standard had been met. Accordingly, it held that the death sentence was a lawful derogation from the prohibition of cruel and degrading punishment, and thus valid.

The approach of the Tanzanian Court of Appeal to issues concerning the limitation of basic rights seems to have been influenced by the language of the Tanzanian Constitution, and rules of interpretation developed by the Courts to deal with that language. The relevant provisions of our Constitution are different and the correct approach to the interpretation of the limitations clause must be found in the language of section 33 construed in the context of the Constitution as a whole. It is for the Court, and not society or Parliament, to decide whether the death sentence is justifiable under the provisions of section 33 of our Constitution. In doing so we can have regard to societal attitudes in evaluating whether the legislation is reasonable and necessary, but ultimately the decision must be ours. If the decision of the Tanzanian Court of Appeal is inconsistent with this conclusion, I must express my disagreement with it.

Deterrence

The Attorney General attached considerable weight to the need for a deterrent to violent crime. He argued that the countries which had abolished the death penalty were on the whole developed and peaceful countries in which other penalties might be sufficient deterrents. We had not reached that stage of development, he said. If in years to come we did so, we could do away with the death penalty. Parliament could decide when that time has come. At present, however, so the argument went, the death sentence is an indispensable weapon if we are serious about combatting violent crime.

The need for a strong deterrent to violent crime is an end the validity of which is not open to question. The state is clearly entitled, indeed obliged, to take action to protect human life against violation by others. In all societies there are laws which regulate the behaviour of people and which authorise the imposition of civil or criminal sanctions on those who act unlawfully. This is necessary for the preservation and protection of society. Without law, society cannot exist. Without law, individuals in society have no rights. The level of violent crime in our country has reached alarming proportions. It poses a threat to the transition to democracy, and the creation of development opportunities for all, which are primary goals of the Constitution. The high level of violent crime is a matter of common knowledge and is amply borne out by the statistics

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 upon their foreheads, he ordained "Henceforth bear ye not the name of Azteca, but Mexica." Fierce and warlike, the Aztecs soon became a power in the land, for, keeping many of their own blood-thirsty customs, they acquired most of the arts and crafts of the Toltecs.

The Tezcucans, a gentler tribe, had entered meanwhile still more fully into the heritage of skill and knowledge left behind by the old inhabitants. But suddenly in 1418 a terrible disaster befell them. The savage chief of the neighbouring Tepanecs swooped down on their provinces, slew their monarch, and reigned supreme and merciless in beautiful Tezcuco.

The history of these times is told by a Tezcucan chronicler, who wrote soon after the Spanish Conquest. He wrote in Castilian, that the insolent white men might read of the vanished glories of the dark race, whose empire they had trampled into dust with remorseless iron heel.

Romantic are the stories he tells of the adventures of Nezahualcoyotl, the heir to the Tezcucan crown, who was forced to wander, like Alfred of England, a fugitive and outcast in the mountains and forests. The young prince was pursued for many years by the vindictive hate of the Tepanec usurper, who promised to whoever should capture him, dead or alive, broad lands and the hand of a noble lady. But no Tezcucan was base enough to betray his prince. One day the fugitive just turned the crest of a hill as his pursuers climbed it on the other side. Breathless and driven, in all the wide country no hiding-place could he see. Fields of chian lay around him, and a solitary maiden 62

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 was patiently reaping this plant, the seed of which made a pleasing drink. The prince flung himself at her feet, and swiftly she piled over him the stalks she had been cutting, and turned once more to her labour. The pursuers passed by and Nezahualcoyotl breathed again. On another occasion he was hidden by some loyal soldiers in a large drum, around which they were dancing. Even torture could not wring from the faithful people the secret of the hiding-places of their prince, and they only awaited an opportunity to rise against the Tepanec tyrant.

The opportunity came when the Mexicans, now a powerful nation, proffered their aid. The Tepanecs were defeated, and the usurper was dragged from his palace, sacrificed with all the bloody rites of the fierce Aztec religion, and the Tezcucan king was restored to his throne.

This was the glorious age in the annals of Anahuac on which the Tezcucan chronicler loves to dwell. Guided by Nezahualcoyotl, the wisest and most enlightened of Indian monarchs, the three powers of Tezcuco, Mexico, and Tlacopan made an alliance so triumphant and so steadfast that it endured unbroken until the coming of a strange white nation wrought ruin to all the glories of this wonderful Indian race.

Glories indeed they were. Even the proud princes of Europe need not have disdained to imitate some of the institutions of the Indian Nezahualcoyotl. What king at that time could boast in his realm a council of music? Great power had this body in Tezcuco, and many were its duties. It encouraged and supervised, not music only, but every 63

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 science and art. With zealous care it watched over the education of the young, and woe betide the teacher or pupil whom its examinations found wanting! Poets and historians were summoned before the council on certain days to compete for the rich prizes which the three allied princes were pleased graciously to bestow. Nezahualcoyotl himself was a poet, and very beautiful are some of the songs which have come down to us in the Spanish translation of the Tezcucan chronicler.

No wonder that under such a king the Tezcucans became the most refined and civilised of all the people of Anahuac. The Mexicans, their rivals in luxury, splendour, and power, were but humble disciples in the crowning glory of science and culture.

The Mexican king was glad to imitate the form of government and code of laws which the great Nezahualcoyotl devised. Very stringent were these laws, and very perfect was the system by which they were enforced even in the remotest districts of the Tezcucan dominions. In every province were numerous officers, appointed by the people themselves, whose duty it was to watch the conduct of a certain number of families, and report any breach of the law to the provincial court of justice. Important cases were referred to the supreme council of justice, which met every eighty days in the capital.

The splendour of this supreme tribunal, over which the king himself presided, is described by the old Tezcucan chronicler: "In the royal palace of Tezcuco," he says, "was a courtyard, on the opposite sides of which were two halls of justice. In the 64

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 principal one, called the 'tribunal of God,' was a throne of pure gold, inlaid with turquoises and other precious stones. On a stool, in front, was placed a human skull, crowned with an immense emerald, of a pyramidal form, and surmounted by an aigrette of brilliant plumes and precious stones. The skull was laid on a heap of military weapons, shields, quivers, bows and arrows. The walls were hung with tapestry, made of the hair of different wild animals, of rich and various colours, festooned by gold rings, and embroidered with figures of birds and flowers. Above the throne was a canopy of variegated plumage, from the centre of which shot forth resplendent rays of gold and jewels. The other tribunal, called 'the king's,' was also surmounted by a gorgeous canopy of feathers, on which were emblazoned the royal arms. Here the sovereign gave public audience and communicated his dispatches. But when he decided important causes, or confirmed a capital sentence, he passed to 'the tribunal of God,' attended by the fourteen great lords of the realm, marshalled according to their rank. Then, putting on his mitred crown, encrusted with precious stones, and holding a golden arrow, by way of sceptre, in his left hand, he laid his right upon the skull and pronounced judgment."

Magnificent as an Asiatic despot and stern in the execution of his laws, Nezahualcoyotl yet loved his people, and sometimes chose to discard his state and wander in disguise among the humblest of his subjects. It is said that he met one day a boy gathering sticks in a field. 65

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 "Why do you not go into a neighbouring forest?" inquired the king.

Sullenly the boy replied, "It is the king's wood, and death is the punishment for trespass."

"What kind of man is your king?" asked Nezahualcoyotl curiously.

"A very hard man," grumbled the boy, "who denies his people what God has given them."

What was the dismay of the boy when he was summoned next day to the palace and confronted with his monarch in whom he at once recognised the curious stranger! He soon found he had no cause to fear. Rewarding him for his honesty, the king declared that he intended henceforth to alter the severity of his forest laws.

Many such stories are told by the Tezcucan historian, who declares that in seasons of scarcity the great king was "particularly bountiful, remitting the taxes of his vassals, and supplying their wants from the royal granaries." Taxes were paid in the produce and manufactures of the country, and the share which each district must contribute was explicitly laid down. On certain days there would flock to the capital tamanes, or carriers, bearing chests of maize, chian, beans, ground chocolate, loaves of white salt, reams of paper, pieces of armour, bags of gold dust, tiles of gold, loads of mantles, bundles of cotton, handfuls of feathers, copper axes, precious stones, and many other rich and rare commodities. Adjoining the royal palace were vast warehouses and granaries where the tribute was stored, and the king's receiver-general kept an exact account of every contribution. 66

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 provided by the Commissioner of Police in his amicus brief. The power of the State to impose sanctions on those who break the law cannot be doubted. It is of fundamental importance to the future of our country that respect for the law should be restored, and that dangerous criminals should be apprehended and dealt with firmly. Nothing in this judgment should be understood as detracting in any way from that proposition. But the question is not whether criminals should go free and be allowed to escape the consequences of their anti-social behaviour. Clearly they should not; and equally clearly those who engage in violent crime should be met with the full rigour of the law. The question is whether the death sentence for murder can legitimately be made part of that law. And this depends on whether it meets the criteria prescribed by section 33(1).

The Attorney General pointed to the substantial increase in the incidence of violent crime over the past five years during which the death sentence has not been enforced. He contended that this supported his argument that imprisonment is not a sufficient deterrent, and that we have not yet reached the stage of development where we can do without the death sentence. Throughout this period, however, the death sentence remained a lawful punishment, and was in fact imposed by the courts although the sentences were not carried out. The moratorium was only announced formally on 27 March 1992. A decision could have been taken at any time to terminate the moratorium on executions, and none of the criminals had any assurance that the moratorium would still be in place if they were to be caught, brought to trial, convicted and sentenced to death.

The cause of the high incidence of violent crime cannot simply be attributed to the failure to carry out the death sentences imposed by the courts. The upsurge in violent crime came at a time of great social change associated with political turmoil and conflict, particularly during the period 1990 to 1994. It is facile to attribute the increase in violent crime during this period to the moratorium on executions. It was a progression that started before the moratorium was announced. There are many factors that have to be taken into account in looking for the cause of this phenomenon. It is a matter of common knowledge that the political conflict during this period, particularly in Natal and the Witwatersrand, resulted in violence and destruction of a kind not previously experienced. No-go areas, random killings on trains, attacks and counter attacks upon political opponents, created a violent and unstable environment, manipulated by political dissidents and criminal elements alike.

Homelessness, unemployment, poverty and the frustration consequent upon such conditions are other causes of the crime wave. And there is also the important factor that the police and prosecuting authorities have been unable to cope with this. The statistics presented in the police amicus brief show that most violent crime is not solved, and the Attorney General confirmed that the risk of a criminal being apprehended and convicted for such offences is somewhere between 30 and 40 per cent. Throughout the period referred to by the Attorney General the death sentence remained on the statute book and was imposed on convicted murderers

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text: 1911 Encyclopædia Britannica/Dietetics

title: 1911 Encyclopædia Britannica/Dietetics


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 Content though the Mexicans were to adopt the policy and institutions of Nezahualcoyotl, they refused to follow his lead in the vital question of religion. Rather did they seek to imbue the Tezcucans with their own dark, blood-stained superstition, and even in his own realm the great king did not really succeed in his attempt to restore the pure faith of the ancient Toltecs, though human sacrifices were limited to slaves and captives. Once, indeed, the king himself, in a moment of weakness and despair, sank under the influence of the priesthood who lusted always for human blood. Many wives he had and many children, but the queen, his one lawful wife, had borne him no son. Who then would be his successor? "The gods," cried the priests, "must have victims ere you can have a son!" The king consented, but all in vain did the blood of slaughtered captives stain the altars of the gods. Never again did Nezahualcoyotl swerve from his enlightened faith. "These idols of wood and stone can neither hear nor feel," he solemnly declared, "much less could they make the heavens and the earth, and man, the lord of it. These must be the work of the all-powerful, unknown God, creator of the universe, on whom alone I must rely."

Forty days did he fast and pray, and then strove more earnestly than ever to wean his people from the ferocious rites of their Aztec allies. To "the unknown God, the cause of causes," he built a temple, and on the summit he placed a tower nine stories high, to represent the nine heavens; a tenth story was added with a black roof sparkling with golden 67

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Collier's New Encyclopedia (1921)/Robin, American

ROBIN, AMERICAN, or MIGRATING THRUSH, the Turdus migratorius; specific character dark-ash color; beneath, brownish-red; head and tail black; the two exterior feathers of the latter white at the inner tip. The robin is found in summer throughout North America from Alaska to Mexico. They retire from higher latitudes only as their food begins to fail, or till driven S. by inundating snows. During the winter months they are numerous in the Southern States. Even as far N. as Boston robins are sometimes seen in the depth of winter. Toward the close of January the robin is still in South Carolina, and about the second week of March begins to appear in the Middle States. By the 10th of March they may also be heard in New England. The eggs, about five, are of a bluish-green, and without spots. They raise several broods in a season.


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 stars without and inlaid with precious stones within. On the top of the tower were musical instruments to summon the worshippers to prayers. Before the temple was completed the longed-for son was born, and named by his father Nezahualpilli, which means "the prince for whom one has fasted."

Retiring to his country palace the old king spent his last years in the peaceful study of astrology and in meditations on death and the after-life, which he expressed in sad but beautiful poetry. Did he perhaps foresee the downfall of his race as he sang? "All things on earth have their term, and, in the most joyous career of their vanity and splendour, their strength fails, and they sink into the dust. . . . Rivers, torrents, and streams move onward to their destination. Not one flows back to its pleasant source. They rush onward, hastening to bury themselves in the deep bosom of the ocean. The things of yesterday are no more to-day; and the things of to-day shall cease, perhaps, on the morrow." Yet the plaintive song ends bravely, "Let us take courage, illustrious nobles and chieftains, true friends and loyal subjects, let us aspire to that heaven where all is eternal and corruption cannot come. The horrors of the tomb are but the cradle of the sun, and the dark shadows of death are brilliant lights for the stars." 68

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 when the Courts considered it appropriate to do so.

We would be deluding ourselves if we were to believe that the execution of the few persons sentenced to death during this period, and of a comparatively few other people each year from now onwards will provide the solution to the unacceptably high rate of crime. There will always be unstable, desperate, and pathological people for whom the risk of arrest and imprisonment provides no deterrent, but there is nothing to show that a decision to carry out the death sentence would have any impact on the behaviour of such people, or that there will be more of them if imprisonment is the only sanction. No information was placed before us by the Attorney General in regard to the rising crime rate other than the bare statistics, and they alone prove nothing, other than that we are living in a violent society in which most crime goes unpunished—something that we all know.

The greatest deterrent to crime is the likelihood that offenders will be apprehended, convicted and punished. It is that which is presently lacking in our criminal justice system; and it is at this level and through addressing the causes of crime that the State must seek to combat lawlessness.

In the debate as to the deterrent effect of the death sentence, the issue is sometimes dealt with as if the choice to be made is between the death sentence and the murder going unpunished. That is of course not so. The choice to be made is between putting the criminal to death and subjecting the criminal to the severe punishment of a long term of imprisonment which, in an appropriate case, could be a sentence of life imprisonment. Both are deterrents, and the question is whether the possibility of being sentenced to death, rather than being sentenced to life imprisonment, has a marginally greater deterrent effect, and whether the Constitution sanctions the limitation of rights affected thereby.

In the course of his argument the Attorney General contended that if sentences imposed by the Courts on convicted criminals are too lenient, the law will be brought into disrepute, and members of society will then take the law into their own hands. Law is brought into disrepute if the justice system is ineffective and criminals are not punished. But if the justice system is effective and criminals are apprehended, brought to trial and in serious cases subjected to severe sentences, the law will not fall into disrepute. We have made the commitment to "a future founded on the recognition of human rights, democracy and peaceful co-existence…for all South Africans." Respect for life and dignity lies at the

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 choice fell on a nephew of the last emperor, also a Montezuma. Both soldier and priest, he seemed a ruler who would be to his people, in the words of the electors, a "steady column of support." When the news of his election was brought to him he was humbly sweeping the pavement of the great temple, and as he listened to the eloquent good wishes of his subjects, thoughts of his own unworthiness moved him to tears.

To bring home captives to grace his coronation was ever the first duty of an Aztec monarch, and Montezuma II., who led his armies at once against a rebel tribe, returned in triumph with a goodly throng of victims for the gods. Never had Tenochtitlan known so brilliant a scene. With music and games and dances, and the awful pomp of priestly ceremonies, the exultant Aztecs celebrated the coronation of their emperor. From far and near the people flocked to see the magnificent sight, and even some noble Tlascalans, the hereditary enemies of the Aztecs, were present in disguise. They were recognised, but amidst the general joy the new emperor deigned to forgive these daring intruders.

In the very heart of Montezuma's dominions lay this little independent republic of Tlascala, fenced in by its mountains and impassable gorges, a constant menace and source of weakness to the Aztec. In vain did the allied armies of the empire march against the hardy mountaineers. No Indian force could wrest from them the liberty they had so passionately maintained for over two hundred years.

Victorious on every other hand, Montezuma 70

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Collier's New Encyclopedia (1921)/Robin Goodfellow

ROBIN GOODFELLOW, the same as Puck.


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 his empire from the Atlantic to the Pacific, and far to north and south conquered tribes acknowledged the Aztec sway. By terror alone were these subject peoples ruled. No love or loyalty could they have for the distant emperor who exacted from them a tribute so grinding that it drove them to frequent revolt. Then would the Aztec armies mercilessly ravage their lands and carry off the rebels by hundreds to slavery and sacrifice.

Hardly less dreaded than the tribute-gatherers were the Aztec merchants, who took high rank in Mexico, and travelled supported by small armies through the wide empire to the countries beyond its bounds. They often served as ambassadors, and were highly honoured by the emperor, who addressed the most aged and revered of their number as "uncle." Drastic was the punishment meted out to all who dared to resist or molest these haughty traders. One of the old Mexican paintings represents the execution of a cacique and his family, with the destruction of his city, for maltreating the persons of some Aztec merchants.

Trade and agriculture, so despised in Spain, were much respected in Mexico. "Apply thyself, my son," said an old cacique, "to agriculture, or to feather-work, or some other honourable calling. Thus did your ancestors before you. Else, how would they have provided for themselves and their families? Never was it heard that nobility alone was able to maintain its possessor." Each trade had its own quarter in the capital, its own cacique, its special god and festivals. 71

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 A strange mixture indeed were the Aztec people, in some ways so civilised and refined, in others so barbarous and cruel. They did not scruple to slaughter throngs of innocent victims, yet they established in all their chief cities hospitals where the sick were tenderly nursed and the wounds of the warriors bound and healed. "Their surgeons," says a Spanish chronicler, grimly, "were so far better than those in Europe that they did not protract the cure in order to increase the pay!"

In shining contrast, not only with the brutality of other North American Indians, but with the jealous despotism of the civilised Asiatic races, was the respect and consideration with which the Aztecs invariably treated their women. Indeed, even in Europe the peasant woman, ignored by knightly chivalry, was often compelled to work like a slave in the fields, while in Anahuac she only shared in such light labour as sowing the seed and husking the corn.

As for the Aztec ladies, their life was easy and happy. Shut up in no hateful harem, they were free to walk unveiled through the streets of their city and to share in the festivities and amusements of the men. The youths and maidens delighted to end a feast with dancing, while their elders sat on drinking pulque and watching the graceful movements of their children. To every guest a gift was offered, and then they withdrew, "some commending the feast," says an old Spanish writer, "and others condemning the bad taste or extravagance of their host; in the same manner as with us." 72

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 heart of that commitment. One of the reasons for the prohibition of capital punishment is "that allowing the State to kill will cheapen the value of human life and thus [through not doing so] the State will serve in a sense as a role model for individuals in society." Our country needs such role models.

The Attorney General also contended that if even one innocent life should be saved by the execution of perpetrators of vile murders, this would provide sufficient justification for the death penalty. The hypothesis that innocent lives might be saved must be weighed against the values underlying the Constitution, and the ability of the State to serve "as a role model". In the long run more lives may be saved through the inculcation of a rights culture, than through the execution of murderers.

The death sentence has been reserved for the most extreme cases, and the overwhelming majority of convicted murderers are not and, since extenuating circumstances became a relevant factor sixty years ago, have not been sentenced to death in South Africa. I referred earlier to the figures provided by the Attorney General which show that between the amendment of the Criminal Procedure Act in 1990, and January 1995, which is the date of his written argument in the present case, 243 death sentences were imposed, of which 143 were confirmed by the Appellate Division. Yet, according to statistics placed before us by the Commissioner of Police and the Attorney General, there were on average approximately 20 000 murders committed, and 9 000 murder cases brought to trial, each year during this period. Would the carrying out of the death sentence on these 143 persons have deterred the other murderers or saved any lives?

It was accepted by the Attorney General that this is a much disputed issue in the literature on the death sentence. He contended that it is common sense that the most feared penalty will provide the greatest deterrent, but accepted that there is no proof that the death sentence is in fact a greater deterrent than life imprisonment for a long period. It is, he said, a proposition that is not capable of proof, because one never knows about those who have been deterred; we know only about those who have not been deterred, and who have committed terrible crimes. This is no doubt true, and the fact that there is no proof that the death sentence is a greater deterrent than imprisonment does not necessarily mean that the requirements of section 33 cannot be met. It is, however, a major obstacle in the way of the Attorney General's argument, for he has to satisfy us that the penalty is reasonable and necessary, and the doubt which exists in regard to the deterrent effect of the sentence must weigh heavily against his argument. "A punishment as extreme and as irrevocable as death cannot be predicated upon speculation as to what the deterrent effect might be…" I should add that this obstacle would not be removed by the implementation of a suggestion in one of the amicus briefs, that section 277(1) of the Criminal Procedure Act should be made more specific, and should identify the extreme categories of murder for which the death sentence would be a permissible punishment.

Prevention

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 Though polygamy was allowed in Mexico, marriage was regarded as sacred and celebrated with the most solemn rites. Letters have been preserved which show how close and tender were family ties.

"My beloved daughter," writes a mother to an Aztec maiden just entering on life, "very dear little dove. . . . The first thing that I earnestly charge upon you is, that you deserve what your father has now told you; since it is all very precious, and persons of his condition rarely publish such things. . . . The second thing that I desire to say to you is, that I love you much, that you are my dear daughter. . . . See that you receive our words, and treasure them in your breast. Let your clothes be becoming and neat, that you may neither appear fantastic nor mean. When you speak, do not hurry your words from uneasiness, but speak deliberately and calmly. . . . Neither mince, when you speak, nor when you salute, nor speak through your nose; but let your words be proper, of a good sound and your voice gentle. . ..

"In walking, my daughter, see that you behave yourself becomingly, neither going with haste, nor too slowly; since it is an evidence of being puffed up to walk too slowly, and walking hastily causes a vicious habit of restlessness and instability. . . . And when you may be obliged to jump over a pool of water, do it with decency, that you may neither appear clumsy nor light. When you are in the street, do not carry your head much inclined, or your body bent; nor as little go with your head very much raised; since it is a mark of ill-breeding; 73

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Author:Charles Heron Wall

Works

 * (tr.) Molière The Imaginary Invalid (1876)
 * (tr.) Molière The Impostures of Scapin (1877)
 * (tr.) Molière Tartuffe, the Misanthrope, the Shopkeeper turned Gentleman, the Doctor in spite of himself and the Miser (1894)
 * Psyché, translated by Molière

title: Author:Charles Heron Wall