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an alternating matrix, and denotes a space-time vector of the second kind. From the expressions (83), we obtain,

from which we deduce that [see (57), (58)].

When the matter is at rest at a space-time point, $$\mathfrak{w}=0$$, then the equation 86) denotes the existence of the following equations

and from 83),

Now by means of a rotation of the space co-ordinate system round the null-point, we can make,

According to 71), we have

and according to 83), $$T_{t} > 0$$. In special eases, where $$\Omega$$ vanishes it follows from 81) that

and if $$T_{t}$$ and one of the three magnitudes $$X_{x},\ Y_{y},\ Z_{z}$$ are $$=+Det^{\frac{1}{4}}S$$, the two others $$=-Det^{\frac{1}{4}}S$$. If $$\Omega$$ does not vanish let $$\Omega_{3} \ne 0$$, then we have in particular from 80)

and if $$\Omega_{1} = 0,\ \Omega_{1} = 0,\ Z_{z} = -T_{t}$$. It follows from (81), (see also 88) that


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 The space-time vector of the first kind

is of very great importance for which we now want to demonstrate a very important transformation

According to 78), $$S = L + fF$$, and it follows that

The symbol lor denotes a differential process which in lor fF, operates on the one hand upon the components of f, on the other hand also upon the components of F. Accordingly lor fF can be expressed as the sum of two parts. The first part is the product of the matrices (lor f)F, lor f being regarded as a 1✕4 series matrix. The second part is that part of lor fF, in which the diffentiations operate upon the components of F alone. From 78) we obtain

hence the second part of lor fF = $$-(lor\ F^{*})f^{*} +$$ the part of $$-2 lor\ L$$, in which the differentiations operate upon the components of F alone. We thus obtain

where N is the vector with the components

By using the fundamental relations A) and B), 90) is transformed into the fundamental relation

In the limitting case $$\epsilon = 1,\ \mu = 1,\ f = F$$, N vanishes identically.

Now upon the basis of the equations (55) and (56), and referring back to the expression (82) for L, and from 57) we obtain the following expressions as components of N,—

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


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Now if we make use of (59), and denote the space-vector which has $$\Omega_{1},\ \Omega_{2},\ \Omega_{3}$$ as the x-, y-, z-components by the symbol $$\mathfrak{W}$$, then the third component of 92) can be expressed in the form

The round bracket denoting the scalar product of the vectors within it.

§ 14. The Ponderomotive Force.
Let us now write out the relation $$K = lor\ S = -sF + N$$ in a more practical form; we have the four equations

It is my opinion that when we calculate the ponderomotive force which acts upon a unit volume at the space-time point x,y,z,t, it has got x-, y-, z-


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 components as the first three components of the space-time vector

This vector is perpendicular to w; the law of Energy finds its expression in the fourth relation.

The establishment of this opinion is reserved for a separate tract.

In the limitting case $$\epsilon = 1,\ \mu = 1,\ \sigma = 0$$, the vector $$N = 0,\ \mathfrak{s}=\varrho\mathfrak{w}$$, and we obtain the ordinary equations in the theory of electrons.

APPENDIX. Mechanics and the Relativity-Postulate.
It would be very unsatisfactory if the new way of looking at the time-concept, which permits a transformation, were to be confined to a single part of Physics.

Now many authors say that classical mechanics stand in opposition to the relativity postulate, which is taken to be the basic of the new Electro-dynamics.

In order to decide this let us fix our attention upon a special transformation represented by (10), (11), (12), with a vector $$\mathfrak{r}$$ in any direction and of any magnitude q < 1, but different from zero. For a moment we shall not suppose any special relation to hold between the unit of length and the unit of time, so that instead of t, t',q we shall write ct, ct', and $$\frac{q}{c}$$, where c represents a certain positive constant, and $$q < c$$. The above mentioned equations are transformed into

They denote, as we remember, that $$\mathfrak{r}$$ is the space-vector x, y, z and $$\mathfrak{r}'$$ the space-vector x', y', z'.

If in these equations, keeping $$\mathfrak{v}$$ constant, we approach the limit $$c = \infty$$, then we obtain from these


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 The new equations would now denote the transformation of a spatial co-ordinate system x, y, z to another spatial co-ordinate system x', y', z' with parallel axes, the null point of the second system moving with constant velocity in a straight line, while the time parameter remains unchanged.

We can, therefore, say that classical mechanics postulates a covariance of Physical laws for the group of homogeneous linear transformations of the expression

when $$c = \infty$$.

Now it is rather confusing to find that in one branch of Physics, we shall find a covariance of the laws for the transformation of expression (1) with a finite value of c, in another part for math>c = \infty. It is evident that according to Newtonian Mechanics, this covariance holds for math>c = \infty and not for c = velocity of light. May we not then regard those traditional co-variances for $$c = \infty$$ only as an approximation consistent with experience, the actual covariance of natural laws holding for a certain finite value of c?

I may here point out that by reforming mechanics, where instead of the Newtonian Relativity-Postulate with $$c = \infty$$ we assume a relativity-postulate with a finite c, then the axiomatic construction of Mechanics appears to gain considerably in perfection.

The ratio of the time unit to the length unit is chosen in a manner so as to make the velocity of light equivalent to unity.

While now I want to introduce geometrical figures in the manifold of the variables x, y, z, t, it may be convenient to leave y, z out of account, and to treat x and t as any possible pair of co-ordinates in a plane, refered to oblique axes.

A space time null point ($$x,\ y,\ z,\ t = 0,\ 0,\ 0,\ 0$$) will be kept fixed in a transformation. The figure


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 which represents a hyperboloidal shell, contains the space-time points $$A(x,\ y,\ z,\ t = 0,\ 0,\ 0,\ 1)$$, and all points A', which after a -transformation enter into the newly introduced system of reference as $$(x',\ y',\ z',\ t' = 0,\ 0,\ 0,\ 1)$$.

The direction of a radius vector OA' drawn from to the point A' of (2), and the directions of the tangents to (2) at A' are to be called normal to each other.

Let us now follow a definite position. of matter in its course through all time t. The totality of the space-time points x, y, z, t, which correspond to the positions at different times t, shall be called a space-time line.

The task of determining the motion of matter is comprised in the following problem: — It is required to establish for every space-time point the direction of the space-time line passing through it.

Transforming a space-time point P(x, y, z, t) to rest is equivalent to introducing, by means of a transformation, a new system of reference x', y', z', t', in which the t' axis has the direction OA', OA' indicating the direction of the space-time line passing through P. The space t' = const, which is to be laid through P, is the one which is perpendicular to the space-time line through P. To the increment dt of the time of P corresponds the increment

of the newly introduced time parameter t'. The value of the integral

$$\int d\tau=\int\sqrt{-(dx_{1}^{2}+dx_{2}^{2}+dx_{3}^{2}+dx_{4}^{2})}$$,

when calculated upon the space-time line from a fixed initial point P° to the variable point P, (both being on the space-time line), shall be called the Proper-time of the position of matter we are concerned with at the space-time point P. (It is a generalization of the idea of Positional-time which was introduced by for uniform motion.)

If we take a body $$R^{0}$$ which has got extension in space at time $$t^{0}$$, then the region comprising all the space-time line passing through $$ R^{0}, t^{0}$$ shall be called a space-time filament.

If we have an analytical expression $$\Theta(x,\ y,\ z,\ t)$$ so that $$\Theta(x,\ y,\ z,\ t)=0$$ is intersected by every space time line of the filament at one pointy — whereby


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 $$-\left(\frac{\partial\Theta}{\partial x}\right)^{2}-\left(\frac{\partial\Theta}{\partial y}\right)^{2}-\left(\frac{\partial\Theta}{\partial z}\right)^{2}+\left(\frac{\partial\Theta}{\partial t}\right)^{2}>0,\ \frac{\partial\Theta}{\partial t}>0$$

then the totality of the intersecting points will be called a cross section of the filament. At any point P of such across-section, we can introduce by means of a transformation a system of reference x' y', z', t', so that according to this

$$\frac{\partial\Theta}{\partial x'}=0,\ \frac{\partial\Theta}{\partial y'}=0,\ \frac{\partial\Theta}{\partial z'}=0,\ \frac{\partial\Theta}{\partial t'}>0$$,

The direction of the uniquely determined t'— axis in question here is known as the upper normal of the cross-section at the point P and the value of $$dJ=\int\int\int dx'dy'dz'$$ for the surrounding points of P on the cross-section is known as the elementary contents (Inhaltslement) of the cross-section. In this sense $$R^{0},t^{0}$$ is to be regarded as the cross-section normal to the t axis of the filament at the point $$t = t^{0}$$ and the volume of the body $$R^{0}$$ is to be regarded as the contents of the cross-section.

If we allow $$R^{0}$$ to converge to a point, we come to the conception of an infinitely thin space-time filament. In such a ease, a space-time line will be thought of as a principal line and by the term Proper-time of the filament will be understood the Proper-time which is laid along this principal line; under the term normal cross-section of the filament, we shall understand the cross-section upon the space which is normal to the principal line through P.

We shall now formulate the principle of conservation of mass.

To every space R at a time t, belongs a positive quantity — the mass at R at the time t. If R converges to a point x, y, z, t, then the quotient of this mass, and the volume of R approaches a limit $$\mu(x,\ y,\ z,\ t)$$, which is known as the mass-density at the space-time point x, y, z, t.

The principle of conservation of mass says — that for an infinitely thin space-time filament, the product $$\mu dJ$$, where $$\mu$$ = mass-density at the point $$x, y, z, t$$ of the filament (i.e., the principal line of the filament), dJ = contents of the cross-section normal to the t axis, and passing through $$x, y, z, t$$, is constant along the whole filament.

Now the contents $$dJ_{n}$$ of the normal cross-section of the filament which is laid through x, y, z, t is


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and the function

may be defined as the rest-mass density at the position x, y, z, t. Then the principle of conservation of mass can be formulated in this manner: —

For an infinitely thin space-time filament, the product of the rest-mass density and the contents of the normal cross-section is constant along the whole filament.

In any space-time filament, let us consider two cross-sections $$Q^{0}$$ and $$Q^{1}$$, which have only the points on the boundary common to each other; let the space-time lines inside the filament have a larger value of t on Q than on $$Q^{0}$$. The finite range enclosed between $$Q^{0}$$ and $$Q^{1}$$ shall be called a space-time sickle $$Q^{0}$$ is the lower boundary, and $$Q^{1}$$ is the upper boundary of the sickle.

If we decompose a filament into elementary space-time filaments, then to an entrance-point of an elementary filament through the lower boundary of the sickle, there corresponds an exit point of the same by the upper boundary, whereby for both, the product $$vdJ_{n}$$ taken in the sense of (4) and (5), has got the same value. Therefore the difference of the two integrals $$\int vdJ_{n}$$ (the first being extended over the upper, the second upon the lower boundary) vanishes. According to a well-known theorem of Integral Calculus the difference is equivalent to

$$\int\int\int\int\ lor\ v\overline{w}\ dx\ dy\ dz\ dt$$,

the integration being extended over the whole range of the sickle, and (comp. (67), § 12)

$$lor\ v\overline{w}\ =\frac{\partial vw_{1}}{\partial x_{1}}+\frac{\partial vw_{2}}{\partial x_{2}}+\frac{\partial vw_{3}}{\partial x_{3}}+\frac{\partial vw_{4}}{\partial x_{4}}$$

If the sickle reduces to a point, then the differential equation

which is the condition of continuity


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Further let us form the integral

extending over the whole range of the space-time sickle. We shall decompose the sickle into elementary space-time filaments, and every one of these filaments in small elements (It of its proper-time, which are however large compared to the linear dimensions of the normal cross-section; let us assume that the mass of such a filament $$vdJ_{n} = dm$$ and write $$\tau^{0}$$ and $$\tau^{1}$$ for the 'Proper-time' of the upper and lower boundary of the sickle.

Then the integral (7) can be denoted by

taken over all the elements of the sickle.

Now let us conceive of the space-time lines inside a space-time sickle as material curves composed of material points, and let us suppose that they are subjected to a continual change of length inside the sickle in the following manner. The entire curves are to be varied in any possible manner inside the sickle, while the end points on the lower and upper boundaries remain fixed, and the individual substantial points upon it are displaced in such a manner that they always move forward normal to the curves. The whole process may be analytically represented by means of a parameter $$\vartheta$$, and to the value $$\vartheta = 0$$, shall correspond the actual curves inside the sickle. Such a process may be called a virtual displacement in the sickle.

Let the point x, y, z, t in the sickle $$\vartheta = 0$$ have the values $$x+\delta x,\ y+\delta y,\ z+\delta z,\ t+\delta t$$, when the parameter has the value $$\vartheta$$; these magnitudes are then functions of $$x,\ y,\ z,\ t,\ \vartheta$$. Let us now conceive of an infinitely thin space-time filament at the point x, y, z, t with the normal section of contents $$dJ_{0}$$ and if $$dJ_{0} + \delta dJ_{n}$$ be the contents of the normal section at the corresponding position of the varied filament, then according to the principle of conservation of mass $$v + \delta v$$ being the rest-mass-density at the varied position,


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 In consequence of this condition, the integral (7) taken over the whole range of the sickle, varies on account of the displacement as a definite function $$\mathsf{N}+\delta\mathsf{N}$$ of $$\vartheta$$, and we may call this function $$\mathsf{N}+\delta\mathsf{N}$$ as the mass action of the virtual displacement.

If we now introduce the method of writing with indices, we shall have

Now on the basis of the remarks already made, it is clear that the value of $$\mathsf{N}+\delta\mathsf{N}$$, when the value of the parameter is $$\vartheta$$, will be: —

the integration extending over the whole sickle $$d(\tau + \delta\tau)$$, where $$d(\tau + \delta\tau)$$ denotes the magnitude, which is deduced from

$$\sqrt{-(dx_{1}+d\delta x_{1})^{2}-(dx_{2}+d\delta x_{2})^{2}-(dx_{3}+d\delta x_{3})^{2}-(dx_{4}+d\delta x_{4})^{2}}$$

by means of (9) and

$$dx_{1}=w_{1}d\tau,\ dx_{2}=w_{2}d\tau,\ dx_{3}=w_{3}d\tau,\ dx_{4}=w_{4}d\tau,\ d\vartheta=0$$

therefore: —

We shall now subject the value of the differential quotient

to a transformation. Since each $$\delta x_{h}$$, as a function of $$x_{1},\ x_{2},\ x_{3},\ x_{4},\ \vartheta$$ vanishes for the zero-value of the paramater $$\vartheta$$, so in general $$\frac{\partial\delta x_{h}}{\partial x_{k}}=0$$ for $$\vartheta=0$$.

Let us now put

then on the basis of (10) and (11), we have the expression (12):

$$-\int\int\int\int\ \nu\underset{h}{\sum}w_{h}\left(\frac{\partial\xi_{h}}{\partial x_{1}}w_{1}+\frac{\partial\xi_{h}}{\partial x_{2}}w_{2}+\frac{\partial\xi_{h}}{\partial x_{3}}w_{3}+\frac{\partial\xi_{h}}{\partial x_{4}}w_{4}\right)dx\ dy\ dz\ dt$$.

for the system $$x_{1},\ x_{2},\ x_{3},\ x_{4}$$ on the boundary of the sickle, $$\delta x_{1},\ \delta x_{2},\ \delta x_{3},\ \delta x_{4}$$ shall vanish for every value of $$\vartheta$$


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 and therefore $$\xi_{1},\ \xi_{2},\ \xi_{3},\ \xi_{4}$$ are nil. Then by partial integration, the integral is transformed into the form

the expression within the bracket may be written as

The first sum vanishes in consequence of the continuity equation (6). The second may be written as

whereby $$\frac{d}{d\tau}$$ is meant the differential quotient in the direction of the space-time line at any position. For the differential quotient (12), we obtain the final expression

For a virtual displacement in the sickle we have postulated the condition that the points supposed to be substantial shall advance normally to the curves giving their actual motion, which is $$\vartheta=0$$, this condition denotes that the $$\xi_{h}$$ is to satisfy the condition

Let us now turn our attention to the ian tensions in the electrodynamics of stationary bodies, and let us consider the results in §§ 12 and 13; then we find that 's Principle can be reconciled to the relativity postulate for continuously extended elastic media.

At every space-time point (as in § 18), let a space time matrix of the 2nd kind be known

where $$X_{x}, Y_{x},\dots Z_{z},\dots T_{z},\dots X_{t},\dots T_{t}$$ are real magnitudes.


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 For a virtual displacement in a space-time sickle (with the previously applied designation) the value of the integral

extended over the whole range of the sickle, may be called the tensional work of the virtual displacement.

The sum which comes forth here, written in real magnitudes, is

we can now postulate the following minimum principle in mechanics.

If any space-time sickle be bounded, then for each virtual displacement in the sickle, the sum of the mass-works, and tension works shall always he an extremum for that process of the space-time line in the sickle which actually occurs.

The meaning is, that for each virtual displacement,

By applying the methods of the Calculus of Variations, the following four differential equations at once follow from this minimal principle by means of the transformation (14), and the condition (16).

whence

are components of the space-time vector 1st kind K = lor S, and $$\varkappa$$ is a factor, which is to be determined from the relation $$w\overline{w}=-1$$. By multiplying (19) by $$w_{h}$$, and


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 summing the four, we obtain $$\varkappa=K\overline{w}$$, and therefore clearly $$K+(K\overline{w})w$$ will be a space-time vector of the 1st kind which is normal to w. Let us write out the components of this vector as

Then we arrive at the following equations for the motion of matter,

and we have also

and

On the basis of this condition, the fourth of equations (21) is to be regarded as a direct consequence of the first three.

From (21), we can deduce the law for the motion of a material point, i.e, the law for the career of an infinitely thin space-time filament.

Let x, y, z, t denote a point on a principal line chosen in any manner within the filament. We shall form the equations (21) for the points of the normal cross section of the filament through x, y, z, t, and integrate them, multiplying by the elementary contents of the cross section over the whole space of the normal section. If the integrals of the right side be $$R_{x},\ R_{y},\ R_{z},\ R_{t}$$, and if m be the constant mass of the filament, we obtain


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 R is now a space-time vector of the 1st kind with the components $$R_{x},\ R_{y},\ R_{z},\ iR_{t}$$ which is normal to the space-time vector of the 1st kind w, — the velocity of the material point with the components

$$\frac{dx}{d\tau},\ \frac{dy}{d\tau},\ \frac{dz}{d\tau},\ i\frac{dt}{d\tau}$$,

We may call this vector R the moving force of the material point.

If instead of integrating over the normal section, we integrate the equations over that cross section of the filament which is normal to the t axis, and passes through x, y, z, t, then [See (4)] the equations (22) are obtained, but are now multiplied by $$\frac{d\tau}{dt}$$; in particular, the last equation comes out in the form,

$$m\frac{d}{dt}\left(\frac{dt}{d\tau}\right)=\mathfrak{w}_{x}R_{x}\frac{d\tau}{dt}+\mathfrak{w}_{y}R_{y}\frac{d\tau}{dt}+\mathfrak{w}_{z}R_{z}\frac{d\tau}{dt}$$.

The right side is to be looked upon as the amount of work done per unit of time at the material point. In this equation, we obtain the energy-law for the motion of the material point and the expression

$$m\left(\frac{dt}{d\tau}-1\right)=m\left(\frac{1}{\sqrt{1-\mathfrak{w}^{2}}}-1\right)=m\left(\frac{1}{2}\left|\mathfrak{w}\right|^{2}+\frac{3}{8}\left|\mathfrak{w}\right|^{4}+\dots\right)$$

may be called the kinetic energy of the material point. Since $$dt$$ is always greater than $$d\tau$$ we may call the quotient $$\frac{dt-d\tau}{d\tau}$$as the "Gain" (vorgehen) of the time over the proper-time of the material point and the law can then be thus expressed; — The kinetic energy of a material point is the product of its mass into the gain of the time over its proper-time.

The set of four equations (22) again shows the symmetry in x, y, z, it, which is demanded by the relativity postulate; to the fourth equation however, a higher physical significance is to be attached, as we have already seen in the analogous case in electrodynamics. On the ground of this demand for symmetry, the triplet consisting of the first three equations are to be constructed after the model of the fourth; remembering this circumstance, we are justified in saying, — If the relativity-postulate be placed at the head of mechanics, then


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 the whole set of laws of motion follows from the law of energy.

I cannot refrain from showing that no contradiction to the assumption on the relativity-postulate can be expected from the phenomena of gravitation.

If B*(x*, y*, z*, t*) be a solid (fester) space-time point, then the region of all those space-time points B(x, y, z, t), for which

may be called a Ray-figure (Strahl-gebilde) of the space lime point B*.

A space-time line taken in any manner can be cut by this figure only at one particular point; this easily follows from the convexity of the figure on the one hand, and on the other hand from the fact that all directions of the space-time lines are only directions from B* towards to the concave side of the figure. Then B* may be called the light-point of B*.

If in (23), the point B(x, y, z, t) be supposed to be fixed, the point B*(x*, y*, z*, z*) be supposed to be variable, then the relation (23) would represent the locus of all the space-time points B*, which are light-points of B.

Let us conceive that a material point F of mass m may, owing to the presence of another material point F*, experience a moving force according to the following law. Let us picture to ourselves the space-time filaments of F and F* along with the principal lines of the filaments. Let BC be an infinitely small element of the principal line of F; further let B* be the light point of B, C* be the light point of C on the principal line of F*; so that OA' is the radius vector of the hyperboloidal fundamental figure (23) parallel to B* C*, finally D* is the point of intersection of line B*C* with the space normal to itself and passing through B. The moving force of the mass-point F in the space-time point B is now the space-time vector of the first kind which is normal to BC, and which is composed of the vectors

in the direction of BD* and another vector of suitable value


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 in direction of B*C*.. Now by $$OA'/B*D*$$ is to be understood the ratio of the two vectors in question.

It is clear that this proposition at once shows the covariant character with respect to a -group.

Let us now ask how the space-time filament of F behaves when the material point F* has a uniform translatory motion, i.e., the principal line of the filament of F* is a line. Let us take the space time null-point in this, and by means of a -transformation, we can take this axis as the t-axis. Let x, y, z, t, denote the point B, let $$\tau^{*}$$ denote the proper time of B*, reckoned from O. Our proposition leads to the equations

and

where

and

In consideration of (27), the three equations (25) are of the same form as the equations for the motion of a material point subjected to attraction from a fixed centre according to the Newtonian Law, only that instead of the time t the proper time $$\tau$$ of the material point occurs. The fourth equation (26) gives then the connection between proper time and the time for the material point.

Now for different values of $$\tau$$ the orbit of the space-point x, y, z is an ellipse with the semi-major axis a and the eccentricity e. Let E denote the excentric anomaly, T the increment of the proper time for a complete description of the orbit, finally $$n\mathsf{T}=2\pi$$, so that from a properly chosen initial point r, we have the Kepler-equation

If we now change the unit of time, and denote the velocity of light by c, then from (28), we obtain


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 Now neglecting $$c^{-4}$$ with regard to 1, it follows that

from which, by applying (29),

the factor $$\frac{m^{*}}{ac^{2}}$$ is here the square of the ratio of a certain average velocity of F in its orbit to the velocity of light. If now m* denote the mass of the sun, a the semi major axis of the earth's orbit, then this factor amounts to $$10^{-8}$$.

The law of mass attraction which has been just described and which is formulated in accordance with the relativity postulate would signify that gravitation is propagated with the velocity of light. In view of the fact that the periodic terms in (31) are very small, it is not possible to decide out of astronomical observations between such a law (with the modified mechanics proposed above) and the Newtonian law of attraction with Newtonian mechanics.


text:
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User talk:Tim Thomason

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title: User talk:Tim Thomason


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 imprisoned for nearly the whole of July 1584, and in the summer of 1585 he was robbed, assaulted, and sent to prison. The assault was perhaps due to his personal immoralities, of which he left an elaborate record in his diaries. Women figured largely among his patients, and his treatment of them was very unprofessional. In 1588 he began to publicly practise necromancy, and to 'call angels and spirits.' In 1589 he was impressed for the Portugal voyage, but he seems to have been released from service within a month. On 26 July 1590 he was threatened with process in the Star-chamber. His fortunes suffered eclipse, and he was near starvation. With a view to improving his position he began writing a treatise on mathematics and medicine. In 1592 the tide turned in his favour. He worked assiduously and with great success among the poor in plague-stricken districts of London, where few doctors ventured. He himself caught the infection. The College of Physicians summoned him in May 1593 for practising without a license. He confessed that he had practised in England for sixteen years, but in London for two only; claimed to have effected many cures: acknowledged that the only medical authors he studied were 'Cockes and Wainefleet' (the first is probably a reference to [q. v.]), and boasted that he used no other help to know diseases than the 'Ephemerides.' He declared that celestial signs and aspects gave him all the information about diseases that he required. The physicians reported that he was laughably ignorant of medicine and astronomy. He was interdicted from the practice of medicine, and was fined 5l., which he promised to pay.

Forman had no intention of relinquishing his work. In 1594 he began experiments with the philosopher's stone and wrote a book on magic. Persons moving in high society, especially ladies, began to employ him. In 1595 he went aboard 'my Earl of Cumberland's ship' to attend Lady Hawkins, and in September 1601 he wrote that he had made the acquaintance of Lord Hertford. To his poor patients he always remained accessible. But the physicians still refused to tolerate him. On 7 Nov. 1595 he was re-examined by them and was sent to prison and fined 10l. On 22 Dec. the lord keeper Egerton ordered his release and demanded from the physicians an explanation of their conduct. In September 1596 he was charged by the college with administering a water of his own manufacture, in the success of which he thoroughly believed, to a patient who died after drinking it. The physicians again sent him to prison, but he was set free in November. In September 1597 he was charged before the lord mayor with assaulting a woman, and was in the Counter for a fortnight. In 1597 he took a house at Lambeth so as to be within the jurisdiction of the Archbishop of Canterbury and free from the attacks of the physicians. But he seems to have suffered again at their hands in 1598, and on 25 June 1601 the College of Physicians petitioned Archbishop Whitgift to allow them to proceed against him once more.

Forman had now acquired many powerful friends. On 26 June 1603 the university of Cambridge gave him a license to practise medicine (Ashmole MS. 1301, now 1763, f. 44), and on 27 June he proceeded M.D. from Jesus College. On 30 March 1607 a number of patients complained to the College of Physicians of Forman's prophetic methods of cure, and of the high charges which he demanded for his drugs. But until the end of his life Forman's connection among ladies of the court increased. At the trial of those charged with the murder of Sir Thomas Overbury in 1615, four years after Forman's death, it was shown that one of the defendants, Mrs. Turner, had constantly consulted Forman in order not only to forward an intrigue of her own with Sir Arthur Mainwaring, but also to assist her friend the Countess of Essex, who was seeking a divorce from the Earl of Essex (, Autob. i. 87). A very familiar letter was produced in court, written by the countess to Forman, in which she asked him to alienate by his magical philtres the love of her husband Essex, and to draw towards her the love of the Earl of Somerset. Indecent images in wax of the persons concerned in these scandals were brought into court by Forman's widow. A book in his handwriting was also produced containing the names of his female clients and accounts of their intrigues with gentlemen about the court of which they had given the doctor secret knowledge. It is stated that Lord-chief-justice Coke was about to read out these notes when his attention was attracted to the name of his own wife (State Trials, ii. 931-2:, Court of James I, ed. Sir W. Scott, i. 418; cf. Ashmole MS. 411, f. 179). Forman was likewise reported to be especially skilful in tracking thieves and stolen treasure poem entitled 'Overbury's Vision' (1616), Overbury is made to say that he often crossed the river to Lambeth, where

Forman died 12 Sept. 1611, and was buried


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 the same day in the church of St. Mary, Lambeth. His friend Lilly reports that on the previous Sunday Forman's wife had asked him whether he or she should die first. He answered that she would bury him on the following Thursday. On the Monday, Tuesday, and Wednesday Forman was in his usual health, and his wife twitted him with the falseness of his prophecy. But on Thursday after dinner he took a boat at Southwark to cross the Thames to Puddle Dock, and having rowed into mid stream fell down dead. A storm arose immediately after his death. With this curious story may be compared the account of the death of Sir [q. v.], which his wife Eleanor foretold.

Forman seems to have married twice. Weldon describes one of his wives as 'a very pretty wench' who was noted for her infidelity. At Lambeth on 29 July 1599, when he was forty-seven, he married his first wife, Anne Baker, a niece on her mother's side of Sir Edward Moninges, and a member of a Canterbury family. This lady was only seventeen at the date of the marriage, and the union does not seem to have been a happy one. The name of Forman's second wife, who survived him, was Jane, and she had a sister, Susan Browne of London. She was her husband's executrix, and a letter from her to a friend referring to her troubles since her husband's death, and dated from Lambeth Marsh 26 Feb. 1611-1612, is in Ashmole MS. 240, f. 107. By his first wife Forman had a son Clement. He left 1,200l. in money and a large illegitimate family.

The sole work which Forman is known to have printed in his lifetime is 'The Grounds of the Longitude, with an admonition to all those that are incredulous and believe not the trueth of the same. Written by Simon Forman, student in astronomie and philosophy,' London, 1591, by Thomas Dawson. No copy is in the British Museum. One is in the Ashmolean collection at the Bodleian. Forman left a mass of manuscripts to Richard Napier, 'who had formerly been his scholar.' Napier bequeathed them to Sir Richard Napier his nephew, whose son Thomas gave them to [q. v.] They are now among the Ashmolean MSS. at the Bodleian. The manuscripts, which Wood remarks Forman did not live to methodise, include much autobiographical material. One of the most interesting features is a folio manuscript pamphlet entitled 'The Bocke of Plaies and notes thereof per Formans for common pollicie.' The earliest extant accounts are here supplied of the performances of Shakespeare's Macbeth' (at the Globe Theatre on Saturday, 20 April 1610), of the 'Winter's Tale' (at the Globe on Wednesday, 15 May 1611), and of 'Cymbeline.' A representation of a play, acted 30 April 1611, by another dramatist on the subject of Richard II is also described. The passages relating to Shakespeare were first printed in J. P. Collier's 'New Particulars,' 1836, pp. 6-26; facsimiles are given in Mr. J. O. Halliwell-Phillipps's 'Folio Shakespeare' (1853-65). A diary from 1564 to 1602, with an account of Forman's early life (from Ashmole MS. 208), was printed by Mr. J. O. Halliwell-Phillipps in 1843 for the Camden Society, but the astrologer's frank confessions of his immoral habits led the committee to cancel the publication after a few sheets had passed through the press. Sixteen copies were alone struck off. Mr. Halliwell-Phillipps added to this collection some genealogical notes by Forman, and issued it privately in an edition of 105 copies in 1849. The transcript is not always intelligible, but the difficulty of transcribing Forman's crabbed handwriting is very great. A diary for 1607 (Ashmole MS. 802, f. 152) was examined by Mr. Halliwell-Phillipps and deemed unfit for publication. Bliss has printed in his notes to Wood's 'Athenss Oxon.' ii. 101-2, an (Argumente between Forman and Deathe in his Sicknes 1585, Sept. the 4th,' in verse from Ashmole MS. 208, f. 13 b. Six books of medical practice, dated between March 1596 and December 1600, give the names of Forman's patients and their diseases. Chemical and medical collections, astrological papers, alchemical notes, verses on miscellaneous topics, and Forman's letters to Napier, fill a large number of the remaining manuscript volumes. There are also separate treatises on the plague, on the art of geomancy, on prayer, on the astrological judgments of diseases, on the creation of the world, the restoration of the Jews, and the life of Merlin, besides a poem on antichrist, prayers in Latin and English verse, and the astrologer's accounts of his dreams. In the printed diary Forman mentions that in 1600 he wrote out the two books of 'De Arte Memoratus' by Appolonius Niger, and copied also the four books of Stegonnographia and divers other books (p. 30). There are, moreover, manuscript verses on his troubles with the doctors in the Plymouth Library, and these were printed by Mr. J. O. Halliwell-Phillipps in his privately printed account of that library in 1853. Sir S. E. Brydges printed in 'Censuria Literaria,' iv. 410, a short account by Forman 'of Lucifer's creation and of the world's creation,' from a manuscript in St. John's College, Oxford.

Forman states that his portrait was painted in 1600, when he was arrayed in elaborate


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 raiment. In the 'Antiquarian Repertory' (1780), i. 275, is an engraved portrait 'from the original drawing in the collection of the Right Hon. Lord Mountstuart,' now the property of the Marquis of Bute.


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 Rh far as political policy is concerned, because it is best that the people do as they will, even though the result of their action may be a temporary misfortune, inasmuch as the highest object that can be attained is the training of the people, and the people can learn only by experience. One may, however, question whether it is not ultimately going to be possible for the people to be so well trained that they may profit by the experience of others, and thus save much suffering for themselves.

But what do we mean by public opinion? How is it constituted? Is it a judgment clearly formed after careful study?

At present the question that is most prominent before the country is that of free coinage of silver. Almost every person that we meet upon the street is ready to express an opinion regarding this question. How has this opinion been formed? It is certainly true that very, very few have thought carefully upon the question, or have studied it fairly on both sides. There are wide differences of opinion, and there are doubtless good reasons for these differences. They arise chiefly, perhaps, because of different local circumstances affecting local industrial conditions, or the conditions of influential classes. Many, especially in the southern and western states, feeling the pressure of the industrial depression through which we have just passed, finding themselves deeply in debt and finding it difficult to pay their debts, and having been told the undeniable fact that money has appreciated in value since their debts were formed (i. e., a dollar will buy more goods now than then), feel a sense of wrong and injury. It is simple and natural for them to believe, whether it is true or not, that if money has appreciated in value it costs them a greater effort to pay a debt than would have been needed under a system of free coinage of silver, and that consequently they have been wronged. Almost every person is likely to feel a sense of injury under the pressure of an unpleasant burden. Now this opinion is not one clearly reasoned out. It is made up mostly of sentiment, based upon a somewhat erroneous knowledge of some few facts in the situation. Many of these people, as well as many of their opponents, have gained their ideas mostly from


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IN THE FIRST VOLUME OF THE SUPPLEMENT.


text: 1911 Encyclopædia Britannica/Knave

title: 1911 Encyclopædia Britannica/Knave


text:
Talk:1911 Encyclopædia Britannica/Knave

Sources:
 * http://en.wikisource.org/w/index.php?title=User:Tim_Starling/ScanSet_PNG_demo&vol=15&page=EC5A878

title: Talk:1911 Encyclopædia Britannica/Knave


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1911 Encyclopædia Britannica/Rogue

ROGUE, a word which came into use about the middle of the 16th century as a slang or "cant" term for a vagrant vagabond, answering to the modern "tramp," and was adopted into English legal phraseology together with "vagabond" in the Statute of Elizabeth 1572, "rogue and vagabond" and "incorrigible rogue" remaining as legal terms for certain classes of persons amenable to the law under the Vagrancy Acts (see ). The act of Elizabeth defined "rogues, vagabonds and sturdy beggars" as including "idle persons going about and using subtle craft and unlawful games and all persons whole and mighty in body, but having neither land nor master, nor able to give an account how they get their living and all common labourers using loitering and refusing to work for the wages commonly given" (Sir G. Nicholls' History of the English Poor Law, ed. 1898 by H. G. Willink, vol, i. 159). The word has now the general meaning of a knave or rascal, though also used (by meiosis) as a term of playful or tender banter and in various special applications (e.g. a "rogue" elephant, one who has been driven out by the herd and lives a solitary life, becoming very savage and destructive. Gardeners also apply the word to a plant which does not come true from seed, showing some variation from the type).

The derivation of the word has been much disputed. It has usually been referred to Fr. rogue, meaning proud, arrogant, which is variously derived from the Icelandic hroke, rook, long-winded talker, or Breton rok, proud, haughty; cf. Irish and Gaelic rucas, pride. The New English Dictionary, however, rejects this derivation, and considers possible a connexion with another early "cant" word "roger," a begging vagabond pretending to be a poor university scholar.

title: 1911 Encyclopædia Britannica/Rogue


text:
Talk:1911 Encyclopædia Britannica/Rogue

Sources:
 * http://en.wikisource.org/w/index.php?title=User:Tim_Starling/ScanSet_PNG_demo&vol=23&page=ED3A481

title: Talk:1911 Encyclopædia Britannica/Rogue


text: 1911 Encyclopædia Britannica/Valet

title: 1911 Encyclopædia Britannica/Valet


text:
Talk:1911 Encyclopædia Britannica/Valet

Sources:
 * http://en.wikisource.org/w/index.php?title=User:Tim_Starling/ScanSet_PNG_demo&vol=27&page=ED7A885

title: Talk:1911 Encyclopædia Britannica/Valet


text: Page:Dictionary of National Biography volume 19.djvu/448


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User:Cchene

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User:Cchene/Books/The Wealth of Nations User:Cchene/Books/The Wealth of Nations: Book I

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Page:Lectures on Modern History.djvu/387

 Vane, Sir H., 204, 205, 311

Varna, 35

Vasconcelles, afterwards Archbishop of Lisbon, 65

Vassy, Huguenot defeat, 147; massacre of, 157

Vatican, archives, opening of the, 7; library, 29

Vauban, 239; victories of, 240; cited, 248

Vaud, canton of, 131

Vaudémont, Prince de, envoy to Rome, 225

Venice— Alliance with Lewis XII., 40; relations with Rome, 43, 45-6, 173-4; expansive policy, 44-5; Eastern trade of, 55, 56; St. Mark's Library, 75; Holy Office, 113; political expansion, 172

Vervins, treaty of, 170

Vespucci, 65

Vienna— Turkish invasion, 36, 243; Congress of, 302

Vigo, French fleet destroyed, 260

Villars— Defeat at Malplaquet, 260; victory at Denain, 262

Vincent of Beauvais, 75

Vinci, Leonardo da, notes and diaries of, 84

Vindiciae contra Tyrannos, 164

Virgil, statue removed from marketplace, 73

Virginia, founding of, 199; independence declared, 312

Visconti, the, 38, 40, 119

Voltaire, 25; cited, 234; Frederic II. and, 291

Vulgate, the Latin, revision of, 121

Walcheren, annexation of, 211

Waldenses, suppression, 246

Wallachia, Turkish invasion, 35

Wallenstein— Commissioned by Ferdinand, 186; made Duke of Mecklenburg, 187; rupture with Ferdinand, 187-8; recalled, 189-90; struggle with Gustavus, 190-91; subsequent power, 191, second break with Ferdinand, 192; death, 193

Wallis, voyages, 66

Walpole, cited, 266; policy, 271-74, 290; fall of, 274

Warburg, battle of, 295-6

Warham and Catharine's divorce, 139

Warrants, general, question of, 308

Wartburg, the. 102

Washington— Expeditions against Duquesne, 293; threatens resignation, 312

Waters, Lucy, 218

Weimar, Duke of, 191— Takes Ratisbon, 192; Wallenstein and, 192, 193

Wellesley, General, 23

Western Assize, the, 220

Westminster, Convention at, 294

Weston becomes Roman Catholic, 202

Westphalia, Peace of, 193

Whigs. (See also Party, government by)— Predominance of the, 154, 271; rise of the, 206-18; tenets of the, 216-18; the first, 218; and the Revolution, 231; and Succession War, 261; recognise independence of American colonies, 313

White Mountain, the, 185

William, Emperor of Prussia, 199

William of Orange. (See also William III.)— and the Exclusion Bill, 214; designs on life of, 222; the invitation to England, 224-5; gains support of Rome, 225-7; plot against De Witt, 238-9; captain-general, 239, 241; defeat at Senef, 240; marriage, 240

William III.— Dispensing power, 223; attitude of Rome after Innocent's death, 227; Massacre of Glencoe, 228-9; and the Revocation, 245-6; first Partition Treaty, 250; distrust of English ministers, 251; second Partition Treaty, 252; treaty of the Hague, 255-6; death of, 256-7; character, 257

William the Silent, 145

William the Stadtholder, assassination of, 145

Wimpheling, death of, 105

Windebanke, becomes Roman Catholic, 202

Witchcraft trials, 116

Witt, John de— Death of, 228, 239; government of the Netherlands, 237; attack on England, 238; William of Orange and, 238-9

Wittelsbach, House of, 292

Wittenberg, posting of the Thesis, 136

Wolsey, Cardinal— Correspondence with Tunstall, 98; French schemes, 137-9; relations with Rome, 138; and the English divorce, 139; aims at the Papacy, 142


text:
"Honor, not Honors"

 * Coates, Florence Earle (1909), ""Honor, not Honors"" in Lyrics of Life (1909).
 * Coates, Florence Earle (1916), ""Honor, not Honors"" in Poems II.

title: "Honor, not Honors"


text: Poems (Coates 1916)/Volume II/"Honor, Not Honors"


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xii


text: Page:Poems, Volume 2, Coates, 1916.djvu/25


text:
Song: "Sweet is the Birth of Love"

 * Coates, Florence Earle (1909), "Song: "Sweet is the Birth of Love"" in Lyrics of Life (1909).
 * Coates, Florence Earle (1916), "Song: "Sweet is the Birth of Love"" in Poems II.

title: Song: "Sweet is the Birth of Love"


text:
The Encyclopedia Americana (1920)/Jacobi, Abraham

JACOBI, jạ'-kō'bĭ, Abraham, American physician: b. Hartum, Westphalia, 6 May 1830. He was educated at the universities of Greifswald, Göttingen and Bonn, and was graduated as M.D. from the latter in 1851. Those were years of revolutionary ferment in Germany and Jacobi, becoming identified with the movement, was imprisoned for ‘high treason’ at Berlin and Cologne (1851-53). In 1853 he settled in practice in New York; where his abilities soon brought him into notice. He was appointed professor of diseases of children at the New York Medical College ([1860-65) and held a similar chair in the medical department of the University of the City of New York (1865-70). Some years later he became professor of the diseases of children at the College of Physicians and Surgeons. He held many important appointments, and was president of the New York State Medical Society (1882); of the New York Academy of Medicine (1885-89); in 1896 was president of the Association of American Physicians and in 1912 president of the American Medical Association. In 1900 his 70th birthday was made the occasion of a public demonstration in his honor. Among his works are ‘Dentition and its Derangements’ (1862); ‘Infant Hygiene’ (1873); ‘Diphtheria’ (1880); ‘Therapeutics of Infancy and Childhood’ (1895); ‘Aufsätze, Vorträge, und Reden’ (1893); ‘Collectanea Jacobi’ (8 vols., 1909).


text: Poems (Coates 1916)/Volume II/Song : "Sweet is the Birth of Love"


text:
The Encyclopedia Americana (1920)/Jacobi, Friedrich Heinrich

JACOBI, Friedrich Heinrich, German philosopher: b. Düsseldorf, 25 Jan. 1743; d. Munich, 10 March 1819. He was educated at the University of Geneva, and in 1764 entered upon a commercial career in his native town; after a few years he retired from business, and in 1770 became a member of the councils for the duchies of Juliers and Berg. From his university days he was actively interested in literature and philosophy, and with Wieland started a journal in which some of his own writings were first published. In 1779 he went to Munich for a short time; and in 1793 left Düsseldorf and settled in Holstein. In 1804 he was called to Munich as a member of the Academy of Sciences then newly established; from 1807 to 1812 he was president of the academy; and in 1812 retired to prepare a collected edition of his works, which, however, was not finished before his death. His writings include two philosophical romances, ‘Allwills Brief-Sammlung’ (1774) and ‘Woldemar’ (1779); and the more important philosophical treatises, ‘Briefe über die Lehre Spinoza's’ (1785); ‘David Hume über den Glauben oder Idealismus and Realismus’ (1785); ‘Von den Göttlichen Dingen’ (1811). In these treatises he defines his theory that man's thought — or reason — is by its nature partial and limited, and can only connect facts, not explain their existence; and that the higher truths must be understood through another different faculty which he calls “faith” or “belief” (“Glaube”); he does not, therefore, seek to establish a systematic philosophy. His theories involved him in considerable controversy, especially with the adherents of the critical philosophy. His collected works were published at Leipzig (6 vols., 1812-24). Consult Deycke, ‘F. H. Jacobi im Verhältniss

zu seinen Zeitgenossen’ (Frankfort 1848); Wilde, ‘F. H. Jacobi: A Study of the Origin of German Realism’ (New York 1894); Crawford, ‘Philosophy of F. H. Jacobi’ (ib. 1905); and Isenberg, ‘Der Einfluss der Philosophie Charles Bonnets auf F. H. Jacobi’ (Tübingen 1906).


text: Index:Speeches, Arguments, Addresses, and Letters of Clement L. Vallandigham.djvu


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306 my opinions and position; and briefly, but most frankly, you have them.

My only answer to those who indulge in slander and vituperation, was given in the card of the 17th of April, herewith inclosed.

The House was in Committee of the Whole, the subject under consideration, The State of the Union, when Mr. Vallandigham, obtaining the floor, said: Mr. Chairman: In the Constitution of the United States, which the other day we swore to support, and hy the authority of which we are here assembled now, it is written: " All legislative powers herein granted, shall be vested in a Congress of the United States." It is further written, also, that the Congress, to which all legislative powers granted, are thus committed—" Shall make no law abridgfing the freedom of si)eech or of the press." And, it is yet further written, in protection of Senators and Reptc


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 "No person shall be deprived of his life or personal liberty except according to procedure established by law."

The wording of this article presented an obstacle to a challenge to the death sentence, because there was a "law" which made provision for the death sentence. Moreover, article 72 of the Constitution empowers the President and Governors to commute sentences of death, and article 134 refers to the Supreme Court's powers on appeal in cases where the death sentence has been imposed. It was clear, therefore, that capital punishment was specifically contemplated and sanctioned by the framers of the Indian Constitution, when it was adopted by them in November 1949.

Counsel for the accused in Bachan Singh's case sought to overcome this difficulty by contending that article 21 had to be read with article 19(1), which guarantees the freedoms of speech, of assembly, of association, of movement, of residence, and the freedom to engage in any occupation. These fundamental freedoms can only be restricted under the Indian Constitution if the restrictions are reasonable for the attainment of a number of purposes defined in sections 19(2) to (6). It was contended that the right to life was basic to the enjoyment of these fundamental freedoms, and that the death sentence restricted them unreasonably in that it served no social purpose, its deterrent effect was unproven and it defiled the dignity of the individual.

The Supreme Court analysed the provisions of article 19(1) and came to the conclusion, for reasons that are not material to the present case, that the provisions of section 302 of the Indian Penal Code did "not have to stand the test of article 19(1) of the Constitution." It went on, however, to consider "arguendo" what the outcome would be if the test of reasonableness and public interest under article 19(1) had to be satisfied.

The Supreme Court had recognised in a number of cases that the death sentence served as a deterrent, and the Law Commission of India, which had conducted an investigation into capital punishment in 1967, had recommended that capital punishment be retained. The court held that in the circumstances it was "for the petitioners to prove and establish that the death sentence for murder is so outmoded, unusual or excessive as to be devoid of any rational nexus with the purpose and object of the legislation."

The Court then dealt with international authorities for and against the death sentence, and with the arguments concerning deterrence and retribution. After reviewing the arguments for and against the

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 death sentence, the court concluded that:

"…the question whether or not [the] death penalty serves any penological purpose is a difficult, complex and intractable issue [which] has evoked strong, divergent views. For the purpose of testing the constitutionality of the impugned provisions as to death penalty … on the grounds of reasonableness in the light of Articles 19 and 21 of the Constitution, it is not necessary for us to express any categorical opinion, one way or another, as to which of these antithetical views, held by the Abolitionists and the Retentionists, is correct. It is sufficient to say that the very fact that persons of reason, learning and light are rationally and deeply divided in their opinion on this issue, is ground among others, for rejecting the petitioners' argument that retention of death penalty in the impugned provision, is totally devoid of reason and purpose."

It accordingly held that section 302 of the Indian Penal Code "violates neither the letter nor the ethos of Article 19."

The Court then went on to deal with article 21. It said that if article 21 were to be expanded in accordance with the interpretative principle applicable to legislation limiting rights under Article 19(1), article 21 would have to be read as follows:

"No person shall be deprived of his life or personal liberty except according to fair, just and reasonable procedure established by a valid law."

And thus expanded, it was clear that the State could deprive a person of his or her life, by "fair, just and reasonable procedure." In the circumstances, and taking into account the indications that capital punishment was considered by the framers of the constitution in 1949 to be a valid penalty, it was asserted that "by no stretch of the imagination can it be said that death penalty…either per se or because of its execution by hanging constitutes an unreasonable, cruel or unusual punishment" prohibited by the Constitution.

The wording of the relevant provisions of our Constitution are different. The question we have to consider is not whether the imposition of the death sentence for murder is "totally devoid of reason and purpose", or whether the death sentence for murder "is devoid of any rational nexus" with the purpose and object of section 277(1)(a) of the Criminal Procedure Act. It is whether in the context of our Constitution, the death penalty is cruel, inhuman or degrading, and if it is, whether it can be justified in terms of section 33.

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 The Indian Penal Code leaves the imposition of the death sentence to the trial judge's discretion. In Bachan Singh's case there was also a challenge to the constitutionality of the legislation on the grounds of arbitrariness, along the lines of the challenges that have been successful in the United States. The majority of the Court rejected the argument that the imposition of the death sentence in such circumstances is arbitrary, holding that a discretion exercised judicially by persons of experience and standing, in accordance with principles crystallized by judicial decisions, is not an arbitrary discretion. To complete the picture, it should be mentioned that long delays in carrying out the death sentence in particular cases have apparently been held in India to be unjust and unfair to the prisoner, and in such circumstances the death sentence is liable to be set aside.

The Right to Life

The unqualified right to life vested in every person by section 9 of our Constitution is another factor crucially relevant to the question whether the death sentence is cruel, inhuman or degrading punishment within the meaning of section 11(2) of our Constitution. In this respect our Constitution differs materially from the Constitutions of the United States and India. It also differs materially from the European Convention and the International Covenant. Yet in the cases decided under these constitutions and treaties there were judges who dissented and held that notwithstanding the specific language of the constitution or instrument concerned, capital punishment should not be permitted.

In some instances the dissent focused on the right to life. In Soering's case before the European Court of Human Rights, Judge de Meyer, in a concurring opinion, said that capital punishment is "not consistent with the present state of European civilisation" and for that reason alone, extradition to the United States would violate the fugitive's right to life.

In a dissent in the United Nations Human Rights Committee in Kindler's case, Committee member B. Wennergren also stressed the importance of the right to life.

"The value of life is immeasurable for any human being, and the right to life enshrined in article 6 of the Covenant is the supreme human right. It is an obligation of States [P]arties to the Covenant to protect the lives of all human beings on their territory and under their jurisdiction. If issues arise in respect of the protection of the right to life, priority must not be accorded to the domestic laws of other countries or to (bilateral) treaty articles. Discretion of any nature permitted under an extradition treaty cannot apply, as there is no room for it under Covenant obligations. It is worth repeating that no derogation from a State's obligations under article 6, paragraph 1, is permitted. This is why Canada, in my view, violated article 6, paragraph 1, by consenting to extradite Mr. Kindler to the United States, without having secured assurances that Mr. Kindler would not be subjected to the execution of the death sentence."

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text:
The Encyclopedia Americana (1920)/Jacobi, Herman Georg Jakob

JACOBI, Herman Georg Jakob, German Sanskrit scholar: b. Cologne, 11 Feb. 1850. He was educated at Cologne Gymnasium, and later took up a course of studies in Sanskrit and allied languages at the universities of Bonn and Berlin. After spending a year (1872-73) in the India office in London on the old Sanskrit manuscripts, he went to India, making a tour of Rajputana. In 1875 he became a docent in Sanskrit at Bonn; from 1876-85 was professor extraordinarius of Sanskrit and Comparative Philology at Münster, Westphalia; in 1885 was made professor ordinarius of Sanskrit at Kiel; and in 1889 was appointed professor of Sanskrit at Bonn. He made a special study of Jainisny and Prâkrit grammar, writing exhaustively on those subjects as well as on the Sanskrit poetical languages. Among the most important of his works are ‘The Indian Antiquary’ and the ‘Epigraphia Indica,’ published in 1892, in which he gives two sets of tables showing the Hindu dates in inscriptions, a work of much value. His other works include ‘De Astrologiæ Indicæ, Horâ appellatæ originibus’ (1872); ‘The Kalpasûtra of Bhadrabâhu’ (1879); ‘The Âyaramgo Sutta of the Çvetâmbra Jains’ (1882); ‘Gaina Sûtras’ (1884); ‘Ausgewählte Erzählungen in Mâhârâshtri. Zur Einführung in das Studium des Prâhrit’ (1886): ‘The Porisishtaparvan by Hemachandra’ (1891); ‘ Sthavirâvali Charita’ (1891); ‘Das Ramayana Geschichte und Inhalt, nebst Concordanz der gedruckten Recensionen’ (1893); ‘Kompositum und Nebensatz, Studien über die indogermanische Sprachentwicklung’ (1897); ‘Bhasa's Svapnavasavadatta’ (1913); etc.


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 jurisdiction. If issues arise in respect of the protection of the right to life, priority must not be accorded to the domestic laws of other countries or to (bilateral) treaty articles. Discretion of any nature permitted under an extradition treaty cannot apply, as there is no room for it under Covenant obligations. It is worth repeating that no derogation from a State's obligations under article 6, paragraph 1, is permitted. This is why Canada, in my view, violated article 6, paragraph 1, by consenting to extradite Mr. Kindler to the United States, without having secured assurances that Mr. Kindler would not be subjected to the execution of the death sentence.

An individual's right to life has been described as "[t]he most fundamental of all human rights", and was dealt with in that way in the judgments of the Hungarian Constitutional Court declaring capital punishment to be unconstitutional. The challenge to the death sentence in Hungary was based on section 54 of its Constitution which provides:

(1) In the Republic of Hungary everyone has the inherent right to life and to human dignity, and no one shall be arbitrarily deprived of these rights.

(2) No one shall be subjected to torture or to cruel or inhuman or degrading punishment

Section 8, the counterpart of section 33 of our Constitution, provides that laws shall not impose any limitations on the essential content of fundamental rights. According to the finding of the Court, capital punishment imposed a limitation on the essential content of the fundamental rights to life and human dignity, eliminating them irretrievably. As such it was unconstitutional. Two factors are stressed in the judgment of the Court. First, the relationship between the rights of life and dignity, and the importance of these rights taken together. Secondly, the absolute nature of these two rights taken together. Together they are the source of all other rights. Other rights may be limited, and may even be withdrawn and then granted again, but their ultimate limit is to be found in the preservation of the twin rights of life and dignity. These twin rights are the essential content of all rights under the Constitution. Take them away, and all other rights cease. I will deal later with the requirement of our Constitution that a right shall not be limited in ways which negate its essential content. For the present purposes it is sufficient to point to the fact that the Hungarian Court held capital punishment to be unconstitutional on the grounds that it is inconsistent with the right to life and the right to dignity.

Our Constitution does not contain the qualification found in section 54(1) of the Hungarian constitution, which prohibits only the arbitrary deprivation of life. To that extent, therefore, the right to life in section 9 of our Constitution is given greater protection than it is by the Hungarian Constitution.

The fact that in both the United States and India, which sanction capital punishment, the highest courts have intervened on constitutional grounds in particular cases to prevent the carrying out of death sentences, because in the particular circumstances of such cases, it would have been cruel to do so, evidences the importance attached to the protection of

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Rh step at a time, and persevering until he will move the croup one step over to each tap of the whip, pivoting on the left fore-foot and walking the right foot by little steps around it.

MOVING THE CROUP ONE STEP TO THE RIGHT.

When he is perfect with the snaffle, repeat the process with the curb, keeping his hind-legs well under him, and holding him "light in hand," while maintaining his left fore-foot immovable, with a delicate touch, to resemble as much as possible the action of the rein when drawn from the saddle.

Now repeat the process to the left, taking your stand

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text: Dictionary of National Biography, 1885-1900/Drew, John


text: Dictionary of National Biography, 1885-1900/Drew, George Smith


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40 near the right shoulder, and, with both snaffle-reins in your right hand and the whip in your left, proceed as before until the horse will walk one step at each tap of the whip around the right fore-foot, which should in its turn be kept so firmly in place as to bore a hole in the ground. Repeat with the curb.

This lesson, which will last, very likely, two or three days, may appear to some of no practical utility, but it is indispensable alike to your comfort when mounted, to the safety of those who accompany or meet you, and to the continued education of your horse. Who has not seen an untrained animal force his rider to dismount to lift some gate-latch which was really within easy reach, or prancing about in a crowd, to the terror and vexation of his neighbors, or in momentary danger of hooking his legs into the wheels of passing vehicles?

Now, if you trample on any one, or upset a light vehicle, though you risk, and perhaps break, your own bones, yet you are liable for damages; and this fact is so well known that a suit will be promptly begun against you. Besides, for your own sake you must have it in your power to get your horse's haunches, and with them your own person, out of danger from careless or mischievous drivers—just as a cavalryman has to save his horse from a slash or thrust.

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Rh LESSON VIII.

MOUNTED.

To Advance at Touch of Heel and Stop at Touch of Whip on Back.—Your horse's education must now be carried on from the saddle, and should he never have been ridden, it will be prudent to have a man mount him first upon a man's saddle, and afterwards upon your side-saddle, with a blanket wrapped around the legs to simulate a skirt. If the previous lessons have been carefully given, you will have no trouble in making him stand wherever you please while you mount, nor in getting him "light in hand" afterwards. First, however, see that the saddle fits snugly in its place, and that the girths are good and in order. If there are more than two, let the third be loose while the others are tight. The writer once saw a powerful horse burst two good English girths by a sudden bound and throw off his rider, saddle and all. If the girths and saddle are not very strong, put a broad, thin strap—a will do—over all.

Being mounted, gather the reins all into the left hand in the following manner: Draw the right snaffle-rein between the fore and middle fingers, and the left

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text:
The Encyclopedia Americana (1920)/Jacobi, Karl Gustav Jakob

JACOBI, Karl Gustav Jakob, German mathematician: b. Potsdam, 10 Dec 1804; d. Berlin, 18 Feb. 1851. He obtained his education at the University of Berlin, where he studied especially mathematics and philosophy, later in 1824 becoming a privat-docent there. In 1825 he became assistant professor of mathematics at Königsberg and in 1827 was appointed professor. He was appointed a member of the Prussian Academy of Sciences in 1836 and from 1842 till his death in 1851 lectured at the University of Berlin. His most important work was on the theory of elliptic functions, but he also made some valuable contributions to the theory of numbers and determinants. Only a small portion of his writings and lectures were published during his lifetime and the greater part of these were published in the Crelles Journal. Among these are ‘Fundamenta Nova Theoriæ Functionum Ellipticarum’ (1829); ‘Canon Arithmeticus’ (1839); ‘De Formatione et Proprietatibus Determinantium’ (1841); ‘Mathematische Werke’ (1846-71), A complete edition of his works, ‘Gesammelte Werke,’ was published in seven volumes by the Berlin Academy of Sciences (1881-91). His ‘Vorlesungen über Dynamik’ did not appear till 1866, long after his death, and later in 1895, his essay, ‘Uber die vierfach periodischen Functionen

Zweier Variabeln’ was published in Latin. Consult Königsberger, ‘ Carl Gustav Jacob Jacobi’ (Leipzig 1904).


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text:
The Encyclopedia Americana (1920)/Jacobi, Mary Putnam

JACOBI, Mary Putnam, American physician: b. London, England, 31 Aug. 1842; d. New York City, 10 June 1906. She was graduated from the New York College of Pharmacy in 1862, from the Woman's Medical College of Philadelphia in 1864 and from the Ecole de Médecine of Paris in 1871. She then entered practice in New York, in 1881 was appointed clinical professor of the diseases of children in the New York Post-Graduate Medical School, where she lectured for three years. In 1874 she established an association for the promotion of the medical education of women, and became its president. In 1873 she was married to Abraham Jacobi (q.v.). She became a member of the American Medical Association, and published several works, including ‘The Question of Rest for Women during Menstruation’ (1877); ‘Acute Fatty Degeneration of New Born’ (1878); ‘The Value of Life’ (1879); ‘Cold Pack and Anæmia’ (1880); ‘The Prophylaxis of Insanity’ (1881); ‘Common Sense Applied to Woman's Suffrage’ (1894).


text: Index:Texas Constitution and Secession.djvu


text:
Sumatra Treaty

Article I
Her Britannic Majesty desists from all objections against the extension of the Netherland Dominion in any part of the island of Sumatra, and consequently from the reserve in that respect contained in the notes exchanged by the Netherland and British Plenipotentiaries at the conclusion of the treaty of 17 March 1824.

Article II
His Majesty the King of the Netherlands declares, that in the Kingdom of Siac Srie Indrapoora and its dependencies as it is defined in the compact concluded by the Netherland Indian Government with that Kingdom on the 1st of February 1858, the trade of British subjects and the British navigation shall continue to enjoy all the rights and advantages that are or may be granted there to the trade of Netherland subjects and to the Netherland navigation, and further that the same assimilation shall be granted to the trade of British subjects and to the British navigation in any other native State of the Island of Sumatra that may here after become dependent on the Crown of the Netherlands, provided always that British subjects conform themselves to the laws and regulations of the Netherland Government.

Article III
The stipulations of the preceding article shall not interfere with the distinction established by the Netherland Indian laws and regulations between individuals of Western and individuals of Eastern extraction, nor with the application of the stipulations of the convention of 27 March 1851.

Article IV
The present convention shall be ratified as soon as possible and shall remain without force or effect until it has received, as far as shall be required, the approval of the States-General. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at The Hague the second day of November in the year of Our Lord one thousand eight hundred and seventy-one.

(signed) L. Gericke Van Bosse

(signed) E. A. J. Harris

title: Sumatra Treaty


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 life and the strict scrutiny to which the imposition and carrying out of death sentences are subjected when a constitutional challenge is raised. The same concern is apparent in the decisions of the European Court of Human Rights and the United Nations Committee on Human Rights. It led the Court in Soering's case to order that extradition to the United States, in the circumstances of that case, would result in inhuman or degrading punishment, and the Human Rights Committee to declare in Ng's case that he should not be extradited to face a possible death by asphyxiation in a gas chamber in California.

Public Opinion

The Attorney General argued that what is cruel, inhuman or degrading depends to a large extent upon contemporary attitudes within society, and that South African society does not regard the death sentence for extreme cases of murder as a cruel, inhuman or degrading form of punishment. It was disputed whether public opinion, properly informed of the different considerations, would in fact favour the death penalty. I am, however, prepared to assume that it does and that the majority of South Africans agree that the death sentence should be imposed in extreme cases of murder. The question before us, however, is not what the majority of South Africans believe a proper sentence for murder should be. It is whether the Constitution allows the sentence.

Public opinion may have some relevance to the enquiry, but in itself, it is no substitute for the duty vested in the Courts to interpret the Constitution and to uphold its provisions without fear or favour. If public opinion were to be decisive there would be no need for constitutional adjudication. The protection of rights could then be left to Parliament, which has a mandate from the public, and is answerable to the public for the way its mandate is exercised, but this would be a return to parliamentary sovereignty, and a retreat from the new legal order established by the 1993 Constitution. By the same token the issue of the constitutionality of capital punishment cannot be referred to a referendum, in which a majority view would prevail over the wishes of any minority. The very reason for establishing the new legal order, and for vesting the power of judicial review of all legislation in the courts, was to protect the rights of minorities and others who cannot protect their rights adequately through the democratic process. Those who are entitled to claim this protection include the social outcasts and marginalised people of our society. It is only if there is a willingness to protect the worst and the weakest amongst us, that all of us can be secure that our own rights will be protected.

This Court cannot allow itself to be diverted from its duty to act as an independent arbiter of the Constitution by making choices on the basis that they will find favour with the public. Justice Powell's comment in his dissent in Furman v Georgia bears repetition:

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text:
The Encyclopedia Americana (1920)/Jacoby, Harold

JACOBY, Harold, American astronomer: b. New York, 4 March 1865. On his graduation from Columbia University in 1885, he applied himself to astronomical research, and was appointed assistant astronomer United States eclipse expedition to West Africa (1889-90). He became professor of astronomy at Columbia in 1894 and an active member of the leading astronomical and scientific societies at home and abroad. His writings include numerous technical monographs in astronomical photography, stellar parallax and star clusters which have been published by French, English and Russian societies, frequent contributions to the periodical press on popular astronomy, and standard textbooks ‘Practical Talks by an Astronomer’ (1891); ‘Astronomy, a popular handbook’ (1913); ‘Navigation’ (1917).


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 "…the weight of the evidence indicates that the public generally has not accepted either the morality or the social merit of the views so passionately advocated by the articulate spokesmen for abolition. But however one may assess amorphous ebb and flow of public opinion generally on this volatile issue, this type of inquiry lies at the periphery - not the core - of the judicial process in constitutional cases. The assessment of popular opinion is essentially a legislative, and not a judicial, function."

So too does the comment of Justice Jackson in West Virginia State Board of Education v Barnette:

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

Cruel, Inhuman and Degrading Punishment

The United Nations Committee on Human Rights has held that the death sentence by definition is cruel and degrading punishment. So has the Hungarian Constitutional Court, and three judges of the Canadian Supreme Court. The death sentence has also been held to be cruel or unusual punishment and thus unconstitutional under the state constitutions of Massachusetts and California.

The California decision is People v. Anderson. Capital punishment was held by six of the

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 seven judges of the Californian Supreme Court to be "impermissibly cruel" under the California Constitution which prohibited cruel or unusual punishment. Also,

"It degrades and dehumanizes all who participate in its processes. It is unnecessary to any legitimate goal of the state and is incompatible with the dignity of man and the judicial process."

In the Massachusetts decision in District Attorney for the Suffolk District v. Watson, where the Constitution of the State of Massachusetts prohibited cruel or unusual punishment, the death sentence was also held, by six of the seven judges, to be impermissibly cruel.

In both cases the disjunctive effect of "or" was referred to as enabling the Courts to declare capital punishment unconstitutional even if it was not "unusual". Under our Constitution it will not meet the requirements of section 11(2) if it is cruel, or inhuman, or degrading.

Proportionality is an ingredient to be taken into account in deciding whether a penalty is cruel, inhuman or degrading. No Court would today uphold the constitutionality of a

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 statute that makes the death sentence a competent sentence for the cutting down of trees or the killing of deer, which were capital offences in England in the 18th Century. But murder is not to be equated with such "offences." The wilful taking of an innocent life calls for a severe penalty, and there are many countries which still retain the death penalty as a sentencing option for such cases. Disparity between the crime and the penalty is not the only ingredient of proportionality; factors such as the enormity and irredeemable character of the death sentence in circumstances where neither error nor arbitrariness can be excluded, the expense and difficulty of addressing the disparities which exist in practice between accused persons facing similar charges, and which are due to factors such as race, poverty, and ignorance, and the other subjective factors which have been mentioned, are also factors that can and should be taken into account in dealing with this issue. It may possibly be that none alone would be sufficient under our Constitution to justify a finding that the death sentence is cruel, inhuman or degrading. But these factors are not to be evaluated in isolation. They must be taken together, and in order to decide whether the threshold set by section 11(2) has been crossed they must be evaluated with other relevant factors, including the two fundamental rights on which the accused rely, the right to dignity and the right to life.

The carrying out of the death sentence destroys life, which is protected without reservation under section 9 of our Constitution, it annihilates human dignity which is protected under section 10, elements of arbitrariness are present in its enforcement and it is irremediable. Taking these factors into account, as well as the assumption that I have made in regard to public opinion in South Africa, and giving the words of section 11(2) the broader meaning to which they are entitled at this stage of the enquiry, rather than a narrow

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 meaning, I am satisfied that in the context of our Constitution the death penalty is indeed a cruel, inhuman and degrading punishment.

Is capital punishment for murder justifiable?

The question that now has to be considered is whether the imposition of such punishment is nonetheless justifiable as a penalty for murder in the circumstances contemplated by sections 277(1)(a), 316A and 322(2A) of the Criminal Procedure Act.

It is difficult to conceive of any circumstances in which torture, which is specifically prohibited under section 11(2), could ever be justified. But that does not necessarily apply to capital punishment. Capital punishment, unlike torture, has not been absolutely prohibited by public international law. It is therefore not inappropriate to consider whether the death penalty is justifiable under our Constitution as a penalty for murder. This calls for an enquiry similar to that undertaken by Brennan J in Furman's case in dealing with the contention that "death is a necessary punishment because it prevents the commission of capital crimes more effectively than any less severe punishment." The same question is addressed and answered in the negative in the judgment of Wright CJ in People v Anderson. Under the United States Constitution and the Californian Constitution, which have no limitation clauses, this enquiry had to be conducted within the larger question of the definition of the right. With us, however, the question has to be dealt with under section 33(1).

Section 33(1) of the Constitution provides, in part, that: The rights entrenched in this Chapter may be limited by law of general application, provided that such limitation—

shall be permissible only to the extent that it is—

reasonable; and justifiable in an open and democratic society based on freedom and equality; and

shall not negate the essential content of the right in question.

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lii


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 Section 33(1)(b) goes on to provide that the limitation of certain rights, including the rights referred to in section 10 and section 11 "shall, in addition to being reasonable as required in paragraph (a)(i), also be necessary."

The Two-Stage Approach

Our Constitution deals with the limitation of rights through a general limitations clause. As was pointed out by Kentridge AJ in Zuma's case, this calls for a "two-stage" approach, in which a broad rather than a narrow interpretation is given to the fundamental rights enshrined in Chapter Three, and limitations have to be justified through the application of section 33. In this it differs from the Constitution of the United States, which does not contain a limitation clause, as a result of which courts in that country have been obliged to find limits to constitutional rights through a narrow interpretation of the rights themselves. Although the "two-stage" approach may often produce the same result as the "one-stage" approach, this will not always be the case.

The practical consequences of this difference in approach are evident in the present case. In Gregg v. Georgia, the conclusion reached in the judgment of the plurality was summed up as follows:

"In sum, we cannot say that the judgment of the Georgia legislature that capital punishment may be necessary in some cases is clearly wrong. Considerations of federalism, as well as respect for the ability of a legislature to evaluate, in terms of its particular state the moral consensus concerning the death penalty and its social utility as a sanction, require us to conclude in the absence of more convincing evidence, that the infliction of death as a punishment for murder is not without justification, and is thus not unconstitutionally severe."

Under our Constitution, the position is different. It is not whether the decision of the State has been shown to be clearly wrong; it is whether the decision of the State is justifiable according to the criteria prescribed by section 33. It is not whether the infliction of death as a punishment for murder "is not without justification", it is whether the infliction of death as a punishment for murder has been shown to be both reasonable and necessary, and to be consistent with the other requirements of section 33. It is for the legislature, or the party relying on the legislation, to establish this justification, and not for the party challenging it to show that it was not justified.

The Application of Section 33

The criteria prescribed by section 33(1) for any limitation of the rights contained in section 11(2) are that the limitation must be justifiable in an open and democratic society

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text: The New Student's Reference Work/Grant, Ulysses S


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 Rh of Sibylline leaves that had been first stirred by the wind. Not only were things not always as they seemed, but outside of the very simplest phenomena, everything was utterly different from what it seemed. Almost everything was really just the reverse of what it seemed, and the universe was a vast paradox. The sky seemed to be a great vault of solid matter which he called for this reason a "firmanent." The heavenly bodies seemed to move across this vault at varying rates, and their reappearance led to the notion that they revolved around the great level cake of earth and water on which he dwelt. The invisible air and other gases were likened to mind or spirit. All natural causes were explained after the analogy of human effort in the intentional production of effects, and the earth and air were peopled with invisible and often malignant spirits as the only recognized agents. And thus were built up great systems of magic, superstition and mythology. The errors thus forced into man's mind came to receive the sanction of religion which rendered it vastly more difficult to dislodge them. This herculean task has been the mission of science, for the truth lies deeply buried under this mass of error at the surface and can only be brought to light by the most prolonged and patient research in the face of this time-honored prejudice. The progress of man and society has been strictly proportioned to the degree to which hidden realities have thus been substituted for false appearances.

As a somewhat anomalous but very important example of the erroneous ideas which the human race must needs acquire and reluctantly surrenders may next be considered the optimistic habit of thought. Optimism can scarcely be called a doctrine. It does not result, like most erroneous beliefs, from a false interpretation of the facts which nature presents to the untrained faculties. It is rather the original, unreflective state of the pre-social mind. It is the survival of the most useful of all instincts, that of self-preservation. It was well adapted to that state, because to the animal it mattered not whether it was true or false. It is still a useful attitude to the swarming millions of human beings who do not reflect. But for it the realization of their


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 Rh It is, as I said at the outset, a domain of rigid law. Man is a product of that law, but he has reached a stage on which he can comprehend the law. Now, just because nature is a domain of rigid law, and just because man can comprehend that law, his destiny is in his own hands. Any law that he can comprehend he can control. He cannot increase or diminish the powers of nature, but he can direct them. He can increase or diminish the amount of power that is to be exerted at any given point. He can focalize the rays of the sun; he can divert the courses of the rivers; he can direct the currents of the air; he can vary temperatures; he can change water to steam and set the steam to work in propelling machinery or ships or railroad trains; he can utilize electricity. His power over nature is unlimited. He can make it his servant and appropriate to his own use all the mighty forces of the universe.

Both optimism and pessimism are passive states of mind. The true state is an active one. Optimism and pessimism assume nature to be in an active state toward man. The true attitude makes nature passive and man active. To the developed intellect nature is as clay in the potter's hands. It is neither best nor worst. It is what man makes it, and rational man always seeks to make it better. The true doctrine, then, is meliorism—the perpetual bettering of man's estate. This will be possible in precise proportion to man's knowledge of nature, so that the condition of the race ultimately depends upon the degree of intelligence that it shall attain.

Optimism may be said to be the thesis, pessimism the antithesis, and meliorism the synthesis of man's relation to the universe. The optimist says: Do nothing, because there is nothing to do. The pessimist says: Do nothing, because nothing can be done. The meliorist says: Do something, because there is much to do and it can be done.

Man alone can block the wheels of his own progress. Neither optimism nor pessimism can be justified in a state of society where free play is allowed to all the human faculties. For a race whose intellect is fully matured these mental attitudes are only


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 Rh those things which distinctively mark him off from the animal world. It could be easily shown that this is precisely the role that reason plays everywhere, and it is the failure to perceive this that has led many political economists and others into the gravest of errors in philosophizing about man.

Religion has its very origin in reason. No animal has developed even the rudiments of a religion. It is an exclusively human institution, much more so than society. It is the product of thought; an attempt to explain the universe. In this, its primary quality, it does not differ in the least from science, and no true philosopher can doubt that these two great human movements, starting out from the same base, will eventually arrive at the same goal.

Now, of the two great religions of the world, using the term in its broadest sense and ignoring entirely the subdivision into sects, that of the East and that of the West, in the modern use of those terms, the former is pessimistic; the latter optimistic. This is because, while both were perhaps equally ignorant of the laws of nature, the inhabitants of India exercised their intellectual powers far more than did the peoples of western Asia and southern Europe. It is also probably true that the conditions of existence for the masses of India under a system of castes were much less favorable than those of western peoples. For these and other reasons religion in the East resulted in pessimism while in the West it took the form of optimism. The Orientals sought to escape the evils of life in Nirvana, which, however much scholars may dispute about its exact meaning, is certainly a wholly negative state. Christians and Mohammedans, on the other hand, espoused the doctrine of immortality, which is a doctrine of hope and promises a state which is intensely positive. With their belief in an ultimate righteous retribution they were able to bear their temporal ills with fortitude and to enjoy whatever good this world had in store for them. Yet because it is in the West that the great civilization of the world at last came forth it will not do to argue that this was the result of an optimistic religion. Scarcely a sign of this was perceptible