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 to remove interference with military use. SAS gives DoD priority in the band, but keeps the band open for commercial users when not occupied.

This precedent may serve as a guide for future spectrum sharing between DoD and the commercial sector. By offering up its own bandwidths to share, DoD can also encourage a system of “bi-directional” spectrum sharing in which civil and federal users could access one another’s spectrum with varying prioritization. This would increase the amount of spectrum available to DoD on a secondary level, while maintaining priority access in its own bandwidths. Additionally, DoD stands to gain significant benefits from 5G development, for reasons listed at the beginning of this chapter. DoD may have some initial growing pains as it begins to share parts of the spectrum, but the net gain in capability from 5G will ultimately make up for that inconvenience. If DoD does not begin to share the sub-6 spectrum, it will increase the risk of dependence on a compromised supply chain as U.S. companies will be blocked from developing and competing their own sub-6 5G offerings, and foreign providers will increasingly embed their offerings in networks and systems globally.

Security Challenges in 5G

Supply Chain Risks

DoD is facing a future 5G environment where its supply chain will be increasingly vulnerable or compromised, from the subcomponent level to the integrated network level, as well as the services associated with each. In previous decades, DoD was able to operate on bespoke systems that fulfilled its unique requirements due to its position as a large user relative to the rest of the commercial world, but that privilege no longer exists. Commercial sector tech development and usage dwarfs that of DoD, and it is no longer practical for DoD to build and operate on siloed, bespoke systems and architecture. As a result, DoD is increasingly dependent on commercial off-the-shelf (COTS) equipment and commercial services, and the same will hold true for the future 5G ecosystem.

DoD can incorporate commercial inputs into its 5G infrastructure at four levels: the RF component, the integrated chipset, the device, and the service. RF components can include subcomponents ranging from semiconductors to switches and amplifiers. Integrated chipsets combine various subcomponents and other subsystems to interface with system components on a motherboard. Devices can range from mobile handsets to fixed computer systems, which include both the subcomponents and integrated chipsets listed above. Finally, each of these inputs comes with a set of service offerings to operate, manage and maintain them.

Commercial companies can supply any and all of the above inputs, but this comes with the risk of inadvertent or malicious security vulnerabilities that put DoD systems and networks at risk. The 5G ecosystem will especially run the risk of including security vulnerabilities if China becomes the global leader supplying 5G infrastructure from the subcomponent-level to the integrated system-level, for even if the United States limits sales of Chinese products into the United States, DoD will still have to operate on foreign networks overseas that will likely be built with a Chinese supply chain. DIB 5G Study


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 DoD has made the shift from bespoke to commercial-reliant computing systems over the past decade, but this change in approach carried less risk than is currently faced because the United States dominated the computing systems market and was able to “own” the supply chain and better secure it against vulnerabilities. As a result, DoD now incorporates varying degrees of COTS products into its computing systems while keeping vulnerability risk at an acceptable level. However, in the current 5G competition, neither DoD nor the United States writ large is in a position to dictate the content and integration of the 5G supply chain - our focus on building a mmWave 5G ecosystem leaves us out of the global supply chain for the sub-6 5G ecosystem. This mismatch will create serious security risks for DoD going forward if the rest of the world accepts Chinese products as the cheaper and superior option for 5G.

5G Infrastructure and Services

5G networks have a number of security risks to consider, regardless of what spectrum bands they operate in. While DoD security typically focuses on vendor-installed backdoors that could be used to remotely control a system or exfiltrate information, a wide variety of security issues could also be introduced through poor software development practices both during and after the rollout of 5G. Many of these risks were mentioned in a UK report on the joint effort with Huawei and the UK government to manage security issues with Huawei deployments in the UK. Security issues from poor software development issues are a universal problem, and are not restricted to only Chinese vendors.

Even if the security of a particular release of software for a 5G base station may be secure and well-implemented, there is no guarantee that future releases will continue to be equally secure. Bugs will inevitably be found and require software patches, and these fixes may need to be fielded quickly without fully considering new security issues that might be introduced with the patch. It will become increasingly challenging to validate continued security with each iteration.

Even if base station code is secure and well-managed over time, the business model of the wireless infrastructure providers is such that personnel from the vendor are typically involved in the commissioning, operation, and maintenance of network infrastructure. This requires vendors to access core management systems that operate the network, and allows vendors to deploy software to equipment in the system. In many cases, network operators both in and out of the United States outsource entire operations of the network to the vendor of the equipment, increasing potential vulnerabilities via this third party activity.

Field maintenance is also typically contracted back to the vendor. Service staff visiting field sites are able to upload new software to the network and change network configurations. DoD has a long history of combating malware that has been transmitted into weapons systems through computers that were not patched, did not have multi-factor authentication, or were exposed to DIB 5G Study

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


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 security breaches through bad usage practices by personnel. All of these issues and more apply to vendor maintenance computers. These support systems are rarely examined by security engineers, and yet they may be equipped with credentials that give them powerful abilities to insert vulnerabilities into the infrastructure.

Radio access network (RAN) vendors often dictate choices of core network infrastructure that manages traffic over backhaul links and across national fiber networks. They also provide core authentication services, the ability to perform legal intercepts, name server functionality and interconnection with the Internet. This control derives from vendor use of non-standard techniques to communicate and manage base stations and the overall radio network. As a result, an operator may have difficulty choosing non-Huawei core infrastructure for Huawei base stations. Multi-vendor networks are typically configured as islands of common vendor equipment, and if a vendor is found to have serious security issues, replacing that vendor in the infrastructure may require a near-complete rebuilding of the network.

5G core infrastructure has additional issues from functionalities like network “slicing” that exposes the network to non-operators. For example, if a virtual reality headset requires a managed slice of network infrastructure to communicate with a cloud-based gaming service, this increases the attack surface of the core network by enabling signaling and control to edge- and cloud-based compute entities.

5G Devices

In addition to 5G network infrastructure, DoD must also consider security risks associated with 5G devices. If the current trends of rising Chinese dominance in the wireless device market continues, Chinese vendors will continue to grow in market share and in sophistication, even if denied access to the U.S. market due to their device popularity with the rest of the world. To the extent U.S. forces deployed overseas use these devices, either for official business or for personal uses, DoD will have to address issues caused by their use.

Evidence of backdoors or security vulnerabilities have been discovered in a variety of devices globally. Many of these seem to be related to requirements from the Chinese intelligence community pressuring companies to exfiltrate information about domestic users. In a recent case, Nokia android handsets were discovered to have a backdoor that sent a variety of data to a network server located in the network of China Telecom. Nokia had deliberately built this code into devices sold into China, but had then accidentally installed it onto all its other devices. In 2018, software from XIONGMAI, a Chinese camera vendor that manufactures security cameras, was found to have to an undocumented backdoor user named “tluafed” (“default” in reverse) that could access millions of cameras. This is believed to be related to a hash DIB 5G Study


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 algorithm in the software development library provided by Huawei for its HiSilicon SOC, on which the camera is based.

These and other incidents indicate that Chinese agencies may mandate backdoor access to devices shipped into China to aid their internal surveillance activities. Because of the nature of software development environments, it is difficult to maintain separate sets of code bases with some code options only compiled and installed on devices shipped to specific destinations. When those devices are shipped outside of China, those backdoors can still be used to exfiltrate information.

We can only speculate whether or not the spread of these security vulnerabilities is intentional or inadvertent. However, if Chinese policy does require backdoor access embedded in devices sold in China for internal security purposes, this compromised code applied to such a large market increases the risk that these vulnerabilities will spill over into the rest of the world. If China dominates the market for 5G devices, both as a manufacturer and as a large and attractive market of users, then this potential for vulnerabilities will only continue to spread and put the larger 5G ecosystem at risk. DIB 5G Study


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 CHAPTER 4: BOARD RECOMMENDATIONS FOR 5G

Board Recommendations

The Defense Innovation Board bases its recommendations on the assumption that mmWave fundamentally cannot be deployed on a large scale in the United States because of the propagation and cost limitations, and that sub-6 GHz mid-band spectrum (in the 3 and 4 GHz range) will become the global standard for broad area networks in coming years. This assumption is based on an assessment of the engineering requirements for mmWave and various studies projecting the required infrastructure and associated cost to support even a limited mmWave network. Additionally, the current financial state of U.S. providers may inhibit their ability to invest the required capex to support a mmWave network, limited or otherwise.

Recommendation #1

DoD needs to make a plan for sharing sub-6 GHz spectrum to shape the future 5G ecosystem, including an assessment of how much and which bandwidths need to be shared, within what timeframe, and how that sharing will impact DoD systems.
 * DoD and the FCC must flip their prioritization from mmWave to sub-6 GHz spectrum for 5G. DoD and FCC have been prioritizing the 28 and 37 GHz bandwidths as options for 5G development, but this effort is misplaced. This study has covered the broad range of limitations associated with mmWave, and reasons why the rest of the world will adopt a sub-6 GHz 5G ecosystem. In light of this, DoD must prepare itself for that future operating environment by focusing on co-existing, if not explicitly sharing, with civil 5G operations in those bands of spectrum.
 * DoD should particularly focus on the bands of the sub-6 GHz spectrum that are already being used by China. Chinese 5G systems and infrastructure operate in the 3.2-3.6 GHz range, as well as the 4.8-5.0 GHz range. As a result, the commercial world has developed semiconductors and handsets that are configured for that range, and DoD should angle for the most developed market to expedite 5G sub-6 GHz deployment in the United States. It takes approximately two years to add new frequency bands to complex multiband transceivers, and the United States would be able to avoid those two years of development by leveraging subcomponents and devices already on the market for more mature spectrum usage, such as existing Qualcomm products with functionality in the bands leveraged by China.
 * As an additional consideration, DoD currently occupies ~500 MHz of space in the 4 GHz spectrum. DoD should take action to share parts of this space, given that it is a material amount of bandwidth that could make a serious impact on 5G development. 5G functions most optimally on large amounts of consecutive bandwidth, and this range could provide the real estate to drive 5G development forward.
 * *For more detailed options around DoD spectrum sharing, see Classified Annex.

DIB 5G Study


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is a plain account of a fishing party. It is not a story. There is no plot. Nothing happens in it and nobody is hurt. The only point of this narrative is its peculiar truth. It not only tells what happened to us—the five people concerned in it—but what has happened and is happening to all the other fishing parties that at the season of the year, from Halifax to Idaho, go gliding out on the unruffled surface of our Canadian and American lakes in the still cool of early summer morning.

We decided to go in the early morning because there is a popular belief that the early morning is the right time for bass fishing. The bass is said to bite in the early morning. Perhaps it does. In fact the thing is almost capable of scientific proof. The bass does not bite between eight and twelve. It does not bite between twelve and six in the afternoon. Nor does it bite between six o’clock and midnight. All these things are

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 *For additional spectrum availability, DoD should recommend that the NTIA, FCC and Department of State should advocate the reallocation of the C-band satellite spectrum to IMT-2000 5G use at the World Radio Conference later this year (WRC-19), and take measures to adopt sharing in all 500 MHz of the band in the United States on an accelerated basis for fixed operations. While this will have limited impact on the U.S. 5G mobile ecosystem, sharing in this band could provide broad coverage at 100 Mbps and above for fixed broadband service to a large section of the rural United States.
 * DoD should encourage other government agencies to incentivize industry to adopt a common 5G network for sub-6 deployment. Incentives can include: accelerated depreciation, tax incentives, low interest loans and government purchase of equipment and services.
 * This recommendation does not call for the eviction of DoD systems operating in the sub-6 GHz spectrum, nor does it call for the sharing of ALL DoD spectrum. DoD must conduct thoughtful but candid analyses of the cost and schedule associated with sharing different spectrum bands, and prioritize accordingly.
 * However, DoD must bear in mind that the status quo of spectrum allocation is unsustainable. 5G capability requires larger bands of spectrum, and without that additional bandwidth, the United States will not gain true 5G capability beyond the limited range that mmWave can provide. In the next year, DoD is in the position to enable or inhibit 5G adoption in the United States based on its use of sub-6 GHz spectrum.
 * DoD stands to significantly benefit if it shares some of its sub-6 GHz spectrum. As the commercial sector develops and deploys 5G technologies and networks, DoD will be able to leverage commercial innovations to build its own new and improved technologies and networks. At a strategic level, 5G can create a step-change in situational awareness and decision-making by integrating more systems into a network that shares more data faster and at lower latency.
 * This effort will require close coordination with NTIA to clear and reassign spectrum. Timing is critical - it is not enough to simply share spectrum, it must be done quickly to keep the United States competitive with China, South Korea, and Japan.
 * Without aggressive action as outlined in this report, we believe there is a high likelihood that the United States will be unable to convince the rest of the world to adopt mmWave technologies as the standard 5G pathway. This may bifurcate the global market and result in the majority of the world adopting 5G sub-6 technologies, which will be dominated by the Chinese equipment and handset manufacturers.

Recommendation #2

''DoD must prepare to operate in a “post-Western” wireless ecosystem. This plan should include R&D investments towards system security and resiliency on an engineering and strategic level.'' DIB 5G Study


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 *Sharing parts of the sub-6 spectrum will certainly help the U.S. 5G effort, but gaining a competitive edge over China would require action at a rate and magnitude previously unseen within DoD. For this reason, it is probable that most of the world outside of the United States will adopt a sub-6 5G solution, forcing DoD to operate on a “post-Western” wireless ecosystem. In this event, DoD should assume that all network infrastructure will ultimately become vulnerable to cyber-attack from both an encryption and resiliency standpoint.
 * DoD must adopt a “zero-trust” network model. Perimeter defense models have been proven to be ineffective, and 5G will only exacerbate this problem as more systems are linked into a common network. Information access should no longer be granted simply through attachment to a specific network, and instead should be granted through various security checks within the network. DoD should also plan to move to quantum-resistant key exchange mechanisms to deal with the eventual fall of public key exchange algorithms, particularly given China’s investments in quantum computing.
 * While “zero-trust” networks can protect context exchange through cryptography, these exchanges will still be subject to traffic analysis and detection of surges in network utilization. DoD should work to keep large amounts of data flowing on a constant basis so that increases in operational tempo will not be noticed.
 * In addition to these security precautions, DoD must brace for cyber-attack and penetration by improving resiliency and building in layers of redundancy throughout its networks to ensure uninterrupted connectivity.
 * DoD will need to consider options for defending against a compromised supply chain, where Chinese semiconductor components and chipsets are embedded across multiple systems. DoD should invest in R&D to study the impact of compartmentalizing systems to limit an attacker’s ability to move laterally into other systems. This will come with performance costs, and DoD must find the line where it can balance baseline capability with security.
 * DoD should advocate for aggressive protection of U.S. technology intellectual property rights (IPR) in an effort to slow down China’s telecommunications ecosystem expansion. The United States should leverage export controls to slow the rate of market loss for Western vendors, even if it may increase the pace at which China becomes self-sufficient.
 * DoD will increasingly be driven to operate on shared commercial networks without their own bespoke infrastructure (as in the case of nuclear C3). DoD must analyze the risks and benefits associated with that shift, and adjust its concept of operations to account for it.
 * *For a more detailed assessment of 5G impact on nuclear C3, see Classified Annex.

DIB 5G Study
 * DoD needs to consider the broader implications of a compromised supply chain, such as risk to personal devices and information that can be derived from activity on those


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is happening, I regret to find, to the world in which we used to live. The poor old thing is being “speeded up.” There is “efficiency” in the air. Offices open at eight o’clock. Millionaires lunch on a baked apple. Bankers eat practically nothing. A college president has declared that there are more foot pounds of energy in a glass of peptonized milk than in—something else, I forget what. All this is very fine. Yet somehow I feel out of it.

My friends are failing me. They won’t sit up after midnight. They have taken to sleeping out of doors, on porches and pergolas. Some, I understand, merely roost on plain wooden bars. They rise early. They take deep breathing. They bathe in ice water. They are no good.

This change, I am sure, is excellent. It is, I am certain, just as it ought to be. I am merely saying, quietly and humbly, that I am not in it. I am being left behind. Take, for example, the case of alcohol. That, at least,

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 : devices. If China is able to collect this data, DoD should consider discrete directives to defend against these vulnerabilities that fall outside the traditional DoD systems and platforms, such as training to limit inadvertent sharing of PII through personal device use.
 * In addition to these efforts, DoD should initiate testing and experimentation on its bases for future generations of wireless technology beyond 5G. This testing and experimentation will occur over a longer timeframe to ensure that the United States is prepared to lead the next generational transition. These activities can include testing for sub-6 sharing, as well as future mmWave deployment and propagation improvement.

Recommendation #3

DoD should advocate for adjusted trade policies to discourage vulnerabilities in its supply chain on the grounds that they put national security assets and missions at risk. DIB 5G Study
 * The compromised supply chain issue poses a serious threat to national security by introducing vulnerabilities into networks and systems, which can be leveraged by a hostile actor to disrupt DoD operations. The spread of these vulnerabilities creates an increasingly unstable environment by lowering barriers to offensive action while weakening defensive positions.
 * The proliferation of security vulnerabilities creates incentives for all nations to take offensive action in a conflict, as the barrier to offense decreases while the difficulty of defense increases. This reality is reflected in the new U.S. Cyber doctrine of “forward defense”.
 * To counter this threat, DoD should advocate that trade policy reward good security/coding and penalize vulnerabilities through tariffs (“monetization” of good development practices). For example, the United States could automatically impose a heavy tariff (say, 75%) on any goods from any nation found to have backdoors or serious security vulnerabilities. This would impose a market cost for insecurity, and would also create incentives for domestic companies to fund security researchers to find vulnerabilities in competitors’ products, thereby triggering the tariff. This would improve the overall security of DoD ecosystems without having to disclose vulnerabilities found by Title 50 entities.
 * The United States should encourage Five Eyes and NATO partners to adopt the same tariffs, regardless of product country of origin. The United States stands to benefit the most in a trade conflict over security of devices.
 * DoD should also encourage CFIUS to block transactions of companies with a history of selling products with documented backdoors and security vulnerabilities.


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 *Additionally, the United States should continue to encourage partner nations to secure their own supply chains and deny access to Chinese state-owned enterprises (SOEs) selling 5G wares.
 * *For more information on Chinese 5G strategy and current state, see Classified Annex.

Recommendation #4

See Classified Annex. DIB 5G Study


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Category:Berean Standard Bible books

This category contains the books of the Berean Standard Bible translation.

title: Category:Berean Standard Bible books


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Page:The Mystery of the Blue Train.pdf/17

was close on midnight when a man crossed the Place de la Concorde. In spite of the handsome fur coat which garbed his meagre form, there was something essentially weak and paltry about him.

A little man with a face like a rat. A man, one would say, who could never play a conspicuous part, or rise to prominence in any sphere. And yet, in leaping to such a conclusion, an onlooker would have been wrong. For this man, negligible and inconspicuous as he seemed, played a prominent part in the destiny of the world. In an Empire where rats ruled, he was the king of the rats.

Even now, an Embassy awaited his return. But he had business to do first—business of which the Embassy was not officially cognizant. His face gleamed white and sharp in the moonlight. There was the least hint of a curve in the thin nose. His father had been a Polish Jew, a journeyman tailor. It was business such as his father would have loved that took him abroad to-night.

He came to the Seine, crossed it, and entered one of the less reputable quarters of Paris. Here he stopped before a tall, dilapidated house and made his way up to an apartment on the fourth floor. He had barely time to knock before the door was opened by a woman who had evidently been awaiting his arrival. She gave


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Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/51

 recognise the very particular nature of the royal prerogative being exercised here. As I have already noted, in respect of the grant of arms (as distinct from adjudicating among competing claimants to an extant title), it is hard to identify in modern times an exercise of prerogative power enjoying a greater degree of discretion than that vested in the Lord Lyon. In these circumstances, it is unlikely that the Lord Lyon could competently articulate or agree that a practice or policy would be immutable or to subsist in perpetuity (which is in substance what the pursuer argues). In any event, properly construed, this is not what paragraphs 4 or 5 purported to do. Subject potentially to issues of legitimate expectations (viewed from the perspective of a potential applicant) or vires or jurisdictional issues, the Lord Lyon is in my view free to alter his practices or policies in respect of the form, wording and grant of arms as he sees fit in the exercise of his wide discretion.

Conclusion on paragraphs 4 and 5 of the Agreement

[92] The consequences of the foregoing are, first, that paragraph 4 of the Agreement is not contractual in character and it does not confer any contractual right enforceable by the pursuer in her personal capacity. Conversely, the Lord Lyon's decision to use a form of wording (such as the Disputed Wording) which is inconsistent with paragraph 4, does not give rise to an actionable civil wrong (in the form of a breach of contract) susceptible to challenge by the pursuer (or, indeed, by any person) in an ordinary or commercial action. (In point of fact, the Lord Lyon has departed in other ways from the terms of paragraph 4, but this prompted no challenge at the time. While reference was made to these matters in submissions, absent a plea of personal bar or waiver, in my view these are no more than jury points.) Secondly, a fortiori paragraph 4 does not have the quality of a compromise which is


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 immutable, unless altered with the consent of all interested parties. I reject as ill-founded the pursuer's argument to the contrary. Thirdly, the arguments about whether the contracts of one Lord Lyon bind his successor (on the hypothesis that these parts of the Agreement had contractual effect), or the mutation of that argument to impute liability on the Monarch (as the principal on whose behalf the royal prerogative was exercised, albeit by different Lord Lyons (and which meant any action required to be directed against the Advocate General for Scotland)), do not arise. Fourthly, as I have found that these paragraphs do not have contractual effect, there is no scope for application of rules of imputation into contracts of the terms of duration or, absent such a term, of rules about the subsistence of a contract without express duration until there is a material change of circumstances. It follows that the criticisms of the defender's pleadings for want of averments about these matters are without any force.

[93] The foregoing suffices to resolve the critical issue between the parties. Out of deference to the arguments I have heard, I address the other issues.

Other issues

The termination issue

[94] In the event that I had concluded that paragraph 4 constituted an enforceable obligation, that it was conceived in favour of the pursuer or enforceable by the pursuer, and that it was a liability that transmitted against the defender, the current Lord Lyon, I would have nonetheless rejected as ill-founded the pursuer's contention that this was incapable of termination. The authorities cited by the defender amply vouched that it would have been appropriate to imply a right of termination upon giving reasonable notice. Even if the


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title: Index:Jesuit Education.djvu


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 {| of Jesus.
 * colspan = 2 |CONTENTS.
 * colspan = 2 |Chapter I.
 * colspan = 2 |Introduction.
 * Modern Criticism of Jesuit Education
 * width=50px |5
 * colspan = 2 |PART FIRST.
 * colspan = 2 |History of the Educational System of the Society
 * Modern Criticism of Jesuit Education
 * width=50px |5
 * colspan = 2 |PART FIRST.
 * colspan = 2 |History of the Educational System of the Society
 * colspan = 2 |History of the Educational System of the Society
 * colspan = 2 |History of the Educational System of the Society
 * colspan = 2 |Chapter II.
 * colspan = 2 |Education before the Foundation of the Society of Jesus.
 * The Jesuit System and Early Protestant Schools
 * 17
 * colspan = 2 |§ 1. Schools at the Close of the Middle Ages.
 * The Catholic Church and Medieval Education
 * 21
 * Primary Schools
 * 23
 * Secondary Schools
 * 25
 * Schools in Italy
 * 26
 * Schools in Scotland and England
 * 28
 * Schools in Germany, France, and the Netherlands
 * 31
 * The Older Humanists in Germany
 * 34
 * Universities
 * 38
 * colspan = 2 |§ 2. Character of Medieval Education.
 * Trivium and Quadrivium
 * 44
 * Scholasticism
 * 45
 * Renaissance
 * 47
 * Two Schools of Humanists
 * 49
 * Condition of Education on the Eve of Reformation
 * 55
 * }
 * colspan = 2 |§ 2. Character of Medieval Education.
 * Trivium and Quadrivium
 * 44
 * Scholasticism
 * 45
 * Renaissance
 * 47
 * Two Schools of Humanists
 * 49
 * Condition of Education on the Eve of Reformation
 * 55
 * }
 * Two Schools of Humanists
 * 49
 * Condition of Education on the Eve of Reformation
 * 55
 * }
 * }
 * }

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 {|
 * colspan = 2 |§ 3. Education under the Influence of the Reformation.
 * Luther's Alliance with the Humanists
 * width=50px |57
 * Decline of the Schools
 * 60
 * Luther's Endeavor to Prevent the Total Ruin of the Schools
 * 65
 * Effects of the English Reformation on the Schools
 * 69
 * Catholic Counter-Reformation
 * 71
 * colspan = 2 |Chapter III.
 * colspan = 2 |The Society of Jesus.—Religious as Educators.
 * Ignatius of Loyola, his Character and Aims
 * 73
 * The Society of Jesus
 * 76
 * Religious as Educators
 * 80
 * The Society of Jesus the First Order that Made Education of Youth a Special Ministry
 * 87
 * Opposition to the Educational Labors of Religious
 * 98
 * Constitutions of the Society
 * 101
 * The Fourth Part of the Constitutions Treating of Studies
 * 103
 * The Society and Primary Education
 * 104
 * colspan = 2 |Chapter IV.
 * colspan = 2 |The Ratio Studiorum of 1599.
 * Plans of Studies in Jesuit Colleges Previous to the Ratio Studiorum
 * 107
 * Care in Drawing up the Plan of Studies
 * 109
 * Peculiar Character of the Ratio Studiorum
 * 114
 * Officers of Jesuit Colleges
 * 115
 * The Literary Curriculum: Ancient Languages
 * 118
 * The Study of History
 * 124
 * Geography
 * 127
 * Study of the Mother-Tongue
 * 129
 * The Philosophical Course
 * 131
 * }
 * Plans of Studies in Jesuit Colleges Previous to the Ratio Studiorum
 * 107
 * Care in Drawing up the Plan of Studies
 * 109
 * Peculiar Character of the Ratio Studiorum
 * 114
 * Officers of Jesuit Colleges
 * 115
 * The Literary Curriculum: Ancient Languages
 * 118
 * The Study of History
 * 124
 * Geography
 * 127
 * Study of the Mother-Tongue
 * 129
 * The Philosophical Course
 * 131
 * }
 * 127
 * Study of the Mother-Tongue
 * 129
 * The Philosophical Course
 * 131
 * }
 * 131
 * }
 * }

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Rh {| Suppression of the Society (1540—1773).
 * Mathematics and Sciences
 * width=50px |133
 * Sources of the Ratio Studiorum
 * 136
 * colspan = 2 |Chapter V.
 * colspan = 2 |Jesuit Colleges and Their Work before the
 * colspan = 2 |Chapter V.
 * colspan = 2 |Jesuit Colleges and Their Work before the
 * colspan = 2 |Jesuit Colleges and Their Work before the
 * colspan = 2 |Jesuit Colleges and Their Work before the
 * Rapid Spread of Jesuit Colleges
 * 144
 * Superiority of the Jesuit Schools according to the Testimony of Protestants
 * 145
 * Literary and Scientific Activity of Jesuit Colleges
 * 148
 * Languages
 * 149
 * Mathematics and Natural Sciences
 * 155
 * Geography
 * 158
 * History
 * 160
 * Literature
 * 161
 * School Drama of the Jesuits
 * 164
 * Growing Opposition to the Society
 * 173
 * Suppression of the Order
 * 175
 * Protection of Frederick the Great of Prussia and Catharine II of Russia
 * 178
 * Efficiency of Jesuit Colleges at the Time of the Suppression
 * 178
 * Effects of the Suppression on Education in Catholic Countries
 * 184
 * colspan = 2 |Chapter VI.
 * colspan = 2 |The Revised Ratio of 1832 and Later Regulations.
 * Restoration of the Society
 * 189
 * Revision of the Ratio Studiorum
 * 191
 * Philosophy Preserved as Completion of College Training
 * 195
 * The Ratio of 1832 not Final
 * 197
 * Later Educational Regulations
 * 198
 * }
 * 184
 * colspan = 2 |Chapter VI.
 * colspan = 2 |The Revised Ratio of 1832 and Later Regulations.
 * Restoration of the Society
 * 189
 * Revision of the Ratio Studiorum
 * 191
 * Philosophy Preserved as Completion of College Training
 * 195
 * The Ratio of 1832 not Final
 * 197
 * Later Educational Regulations
 * 198
 * }
 * The Ratio of 1832 not Final
 * 197
 * Later Educational Regulations
 * 198
 * }
 * 198
 * }
 * }

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 {| Nineteenth Century.
 * colspan = 2 |Chapter VII.
 * colspan = 2 |The Educational Work of the Jesuits in the
 * colspan = 2 |The Educational Work of the Jesuits in the
 * colspan = 2 |The Educational Work of the Jesuits in the
 * New Growth of Jesuit Colleges
 * width=50px |200
 * Jesuit Colleges in the United States
 * 201
 * Colleges in Other Countries
 * 206
 * Efficiency of Jesuit Schools
 * 209
 * President Eliot's Charges
 * 223
 * Literary and Scientific Work of the Jesuits during the Last Twenty-five Years
 * 225
 * colspan = 2 |Chapter VIII.
 * colspan = 2 |Opposition to Jesuit Education.
 * Laws against Jesuit Schools
 * 241
 * General Charges against the Jesuit Schools
 * 241
 * Contradictory Statements of Opponents
 * 243
 * Special Charges: "The Jesuits Educate only the Rich and Those Who Pay"
 * 247
 * "Estrange Children from the Family"
 * 250
 * "Cripple the Intellect and Teach Corrupt Morality"
 * 251
 * "Seek Their Own Interest in Educational Labors"
 * 254
 * "Their Education Antinational and Unpatriotic"
 * 255
 * Causes of Opposition among Protestants
 * 264
 * Causes of Antipathy of Some Catholics
 * 269
 * }
 * "Estrange Children from the Family"
 * 250
 * "Cripple the Intellect and Teach Corrupt Morality"
 * 251
 * "Seek Their Own Interest in Educational Labors"
 * 254
 * "Their Education Antinational and Unpatriotic"
 * 255
 * Causes of Opposition among Protestants
 * 264
 * Causes of Antipathy of Some Catholics
 * 269
 * }
 * 264
 * Causes of Antipathy of Some Catholics
 * 269
 * }
 * }
 * }

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 {|
 * colspan = 2 |PART SECOND.
 * colspan = 2 |The Principles of the Ratio Studiorum. Its Theory and Practice Viewed in the Light of Modern Educational Problems.
 * colspan = 2 |Chapter IX.
 * colspan = 2 |Adaptability of the Ratio Studiorum.—Prudent Conservatism.
 * Adaptability and Adaptation
 * width=50px |280
 * Necessity of Wise Conservatism
 * 288
 * Lesson from Germany
 * 289
 * Lesson from American Schools
 * 292
 * colspan = 2 |Chapter X.
 * colspan = 2 |The Intellectual Scope.
 * Scope of Education: Harmonious Training of the Mind
 * 297
 * Cramming in Modern Systems
 * 300
 * Premature Specialization
 * 302
 * Function of the College
 * 306
 * colspan = 2 |Chapter XI.
 * colspan = 2 |Prescribed Courses or Elective Studies.
 * Electivism in the United States
 * 310
 * President Eliot Censures the Jesuit Colleges for Adhering to Prescribed Courses
 * 311
 * Criticism of the Elective System
 * 313
 * Dangers for the Moral Training
 * 316
 * Dangers for the Intellectual Training
 * 322
 * Wise Election almost Impossible
 * 325
 * }
 * colspan = 2 |Chapter XI.
 * colspan = 2 |Prescribed Courses or Elective Studies.
 * Electivism in the United States
 * 310
 * President Eliot Censures the Jesuit Colleges for Adhering to Prescribed Courses
 * 311
 * Criticism of the Elective System
 * 313
 * Dangers for the Moral Training
 * 316
 * Dangers for the Intellectual Training
 * 322
 * Wise Election almost Impossible
 * 325
 * }
 * Dangers for the Intellectual Training
 * 322
 * Wise Election almost Impossible
 * 325
 * }
 * 325
 * }
 * }

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 {|
 * colspan = 2 |Chapter XII.
 * colspan = 2 |Classical Studies.
 * Modern Discussions about the Value of the Study of the Classics
 * width=50px |330
 * Distinguished Men Defend Their Value
 * 333
 * Advantages Derived from the Study of the Classics for the Logical, Historical, Literary, Aesthetic, and Ethical Training
 * 346
 * Beneficial Results for the Mother-Tongue
 * 356
 * Objections against the Jesuit Method of Teaching the Classics
 * 361
 * The Gaume Controversy and the Jesuits
 * 366
 * colspan = 2 |Chapter XIII.
 * colspan = 2 |Syllabus of School Authors.
 * § 1. General Remarks.
 * The Study of Grammar
 * 370
 * Choice of Authors in Jesuit Colleges
 * 372
 * § 2. Latin Prose Writers
 * 377
 * § 3. Latin Poets
 * 385
 * § 4. Greek Prose Writers
 * 392
 * § 5. Greek Poets
 * 399
 * colspan = 2 |Chapter XIV.
 * colspan = 2 |Scholarship and Teaching.
 * Scholarship in Relation to Practical Teaching
 * 402
 * Decline of Teaching
 * 404
 * American Scholarship
 * 411
 * colspan = 2 |Chapter XV.
 * colspan = 2 |Training of the Jesuit Teacher
 * The Candidate for the Order
 * 415
 * Noviceship and Religious Training
 * 417
 * Study of Languages and Philosophy after the Noviceship
 * 422
 * }
 * colspan = 2 |Chapter XIV.
 * colspan = 2 |Scholarship and Teaching.
 * Scholarship in Relation to Practical Teaching
 * 402
 * Decline of Teaching
 * 404
 * American Scholarship
 * 411
 * colspan = 2 |Chapter XV.
 * colspan = 2 |Training of the Jesuit Teacher
 * The Candidate for the Order
 * 415
 * Noviceship and Religious Training
 * 417
 * Study of Languages and Philosophy after the Noviceship
 * 422
 * }
 * The Candidate for the Order
 * 415
 * Noviceship and Religious Training
 * 417
 * Study of Languages and Philosophy after the Noviceship
 * 422
 * }
 * Study of Languages and Philosophy after the Noviceship
 * 422
 * }
 * }

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 {|
 * Influence of Uniform Training on Individuality
 * 425
 * Immediate Preparation of the Jesuit for Teaching
 * width=50px |432
 * Permanent Teachers
 * 435
 * Work Assigned according to Ability
 * 439
 * Class Teachers, not Branch Teachers
 * 443
 * Continued Self-Training of the Teacher
 * 446
 * colspan = 2 |Chapter XVI.
 * colspan = 2 |The Method of Teaching in Practice
 * colspan = 2 |§ 1. The Prelection or Explanation of the Authors.
 * Characteristic Feature of the Jesuit Method
 * 457
 * Accurate Pronunciation
 * 458
 * Translation and Explanation
 * 461
 * Repetition
 * 466
 * Specimens of Interpretation
 * 468
 * Soundness of the Method of the Ratio
 * 475
 * Amount of Reading
 * 482
 * Subject and Antiquarian Explanation
 * 485
 * Explanation of Authors in the Vernacular
 * 491
 * colspan = 2 |§ 2. Memory Lessons.
 * Importance of Memory Lessons
 * 493
 * Manner of Committing to Memory
 * 496
 * colspan = 2 |§ 3 Written Exercises.
 * Importance and Value of Compositions
 * 498
 * Subjects to be Taken from Authors Studied
 * 499
 * Correction
 * 503
 * Speaking Latin
 * 506
 * A Lesson from Germany
 * 509
 * colspan = 2 |§ 4 Contests (Emulation)
 * Emulation in School Work
 * 511
 * Various Kinds of Contests, Class Matches
 * 515
 * Academies
 * 518
 * }
 * Manner of Committing to Memory
 * 496
 * colspan = 2 |§ 3 Written Exercises.
 * Importance and Value of Compositions
 * 498
 * Subjects to be Taken from Authors Studied
 * 499
 * Correction
 * 503
 * Speaking Latin
 * 506
 * A Lesson from Germany
 * 509
 * colspan = 2 |§ 4 Contests (Emulation)
 * Emulation in School Work
 * 511
 * Various Kinds of Contests, Class Matches
 * 515
 * Academies
 * 518
 * }
 * Emulation in School Work
 * 511
 * Various Kinds of Contests, Class Matches
 * 515
 * Academies
 * 518
 * }
 * Academies
 * 518
 * }
 * }

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 {|
 * colspan = 2 |Chapter XVII.
 * colspan = 2 |The Moral Scope.
 * The Moral Training Neglected by Many Teachers of Our Age
 * width=50px |522
 * Importance Attached to the Moral Training in Jesuit Schools
 * 527
 * Means Employed
 * 531
 * Supervision
 * 537
 * Private Talks with Pupils
 * 548
 * Educational Influence of Confession
 * 550
 * Communion
 * 557
 * Devotions
 * 558
 * The Sodalities
 * 560
 * Watchfulness in Regard to Reading
 * 564
 * Good and Evil Results of Sports
 * 569
 * colspan = 2 |Chapter XVIII.
 * colspan = 2 |Religious Instruction.
 * Religious Instruction the Basis of Solid Moral Training
 * 574
 * Correctness of the Catholic Position in Regard to Religion and Education
 * 577
 * Undenominational Religion an Absurdity
 * 582
 * The Reading of the Bible not Sufficient for Religious Instruction
 * 583
 * Catholic Position
 * 587
 * Religious Instruction in the Jesuit System
 * 590
 * Catechisms Written by Jesuits
 * 592
 * Peter Canisius, the Model Jesuit Catechist
 * 594
 * Correlation of All Branches with Religious Instruction
 * 599
 * Religious Instruction Necessary also in Higher Schools
 * 605
 * }
 * Undenominational Religion an Absurdity
 * 582
 * The Reading of the Bible not Sufficient for Religious Instruction
 * 583
 * Catholic Position
 * 587
 * Religious Instruction in the Jesuit System
 * 590
 * Catechisms Written by Jesuits
 * 592
 * Peter Canisius, the Model Jesuit Catechist
 * 594
 * Correlation of All Branches with Religious Instruction
 * 599
 * Religious Instruction Necessary also in Higher Schools
 * 605
 * }
 * 594
 * Correlation of All Branches with Religious Instruction
 * 599
 * Religious Instruction Necessary also in Higher Schools
 * 605
 * }
 * 605
 * }
 * }

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Rh {|
 * colspan = 2 |Chapter XIX.
 * colspan = 2 |School-Management.
 * Trials in Teaching
 * width=50px |608
 * Particular Points of School-Management:
 * § 1. Authority
 * 610
 * § 2. Punishments
 * 614
 * § 3. Impartiality
 * 619
 * § 4. Discipline in the Classroom
 * 623
 * § 5. Politeness and Truthfulness
 * 626
 * § 6. Some Special Helps
 * 631
 * colspan = 2 |Chapter XX.
 * The Teacher's Motives and Ideals.
 * The Chief Motive: Utility and Dignity of the Work of Education
 * 636
 * Illustrated by Analogies
 * 638
 * The Ideal and Model of the Teacher: Christ, the Great Master
 * 641
 * Conclusion
 * 647
 * colspan = 2 |
 * Appendix I: Additions and Corrections
 * 649
 * Appendix II: Bibliography
 * 662
 * Index
 * 671
 * }
 * Illustrated by Analogies
 * 638
 * The Ideal and Model of the Teacher: Christ, the Great Master
 * 641
 * Conclusion
 * 647
 * colspan = 2 |
 * Appendix I: Additions and Corrections
 * 649
 * Appendix II: Bibliography
 * 662
 * Index
 * 671
 * }
 * Appendix II: Bibliography
 * 662
 * Index
 * 671
 * }
 * }
 * }

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Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/53

 Lord Lyon were obliged to give reasonable notice of a proposed change in what is recorded in paragraphs 4 or 5 of the Agreement, the Lord Lyon did so in this case as disclosed in the exchanges with the pursuer's agents. In fact, the Lord Lyon acceded to the request as he postponed the implementation of the Disputed Wording for the full period the pursuer's agents sought. If paragraph 4 were terminable upon a change of circumstance, in my view the defender had advanced relevant factors to support that conclusion. However, the pursuer in her pleadings contends for a longer period (of one year). Had the question of what was a reasonable notice been a live issue, then, in the absence of admissions of the parties' averments, proof would have been required to resolve the issue of whether reasonable notice had been given of the departure from paragraph 4 of the Agreement.

Title and interest, want of jurisdiction

[95] There was no dispute as to the rules to be applied. For a person to have title to sue, she must be a party (using the word in its wides sense) to some legal relation which gives her some right which the defender infringes or denies. In relation to interest to sue, this connotes some benefit from asserting the right with which an action is concerned, or from preventing its infringement. There must be a real issue, the existence of a sufficient interest being essentially a matter depending on the whole circumstances.

[96] In light of the foregoing analysis of the Agreement, in my view neither the pursuer nor the firm has title and interest to challenge the Disputed Wording. Insofar as the Agreement affected the pursuer's interests in her personal capacity, namely paragraphs 1 and 2 (para 3 was concerned solely with Dr Lindberg), those have been implemented and there is no outstanding matter contained within them that is capable of founding any legal


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 action at her instance. As already noted, paragraphs 4 and 5 are determinedly not conceived in the pursuer's favour qua an individual, the capacity in which she sues (which is explicable because she seeks to enforce the Agreement in the capacity in which she had entered into it, and this was not qua partner of the firm).

[97] To establish her interest to bring these proceedings the pursuer relies on the diminution in her drawings as a partner of the firm, whose profitability is said to have been adversely affected as a result of the adoption of the Disputed Wording. The defender challenged this type of loss as too remote to be recoverable. The pursuer relied on the claim by the pursuer in Anthony for lost company dividends (or the diminution in drawings Vaughan, which raised a similar issue). In my view, these cases are readily distinguishable. Each was an action for personal injury by the person who suffered the legal wrong, and who was by reason of that personal injury unable to contribute his efforts to the business of the company (in Anthony) or partnership (in Vaughan). The loss of earnings in those cases took the form of a claim for the diminution in the pursuer's dividends from a limited company of which he was the sole director and employee and one of its two shareholders (the facts in Anthony) or diminution in partnership drawings (Vaughan). In that context, this head of claim is unremarkable as the company dividends or partnership drawings represented his remuneration and which was reduced as a consequence of the personal injury he suffered. Accordingly, the wrong committed by the defenders in each of those cases was committed against the pursuers and foreseeably caused a diminution in their ability to work for the company or partnership, and hence, affected the pursuers' earning capacity. In response to a question from the court, Mr Lindsay accepted that there was no similar link here (ie between any wrong to the pursuer and which affected her ability to contribute to the business of the


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 firm), but he argued that this did not matter. I do not accept that submission. In my view, the pursuer's claim in the present case is not analogous for the simple reason that there is no equivalent injury or wrong to the pursuer in this case and which can be said to affect her ability to contribute to the business of the firm (being the element common to Vaughan and Anthony). Mr Lindsay conceded as much. Even if paragraph 4 had embodied an enforceable obligation, it cannot be said that any breach thereof affected the pursuer's ability to contribute to the profitability of the firm. Rather, her claim is based on the indirect effect on her, of the impact of the Disputed Wording on the business of the firm.

[98] To the extent that the pursuer's claim is predicated on the adverse impact the Disputed Wording has had on the business of the firm, with the consequent diminution in her drawings, there is no sufficient legal or other nexus between a breach of any contractual obligation owed to the pursuer (on the pursuer's reading of paragraph 4 of the Agreement (but which I have rejected)) and any incidental adverse effect on the business of the firm. This is because the firm is a separate legal person who is not a party to the Agreement and in respect of whom it cannot be said to have suffered any legal wrong as a consequence of the defender's adoption of the Disputed Wording. In these circumstances, any loss of profitability by the firm does not confer interest on the pursuer to sue as an individual, even if an indirect or incidental consequence of the Adopted Wording was a diminution in the profits of the firm and a consequent diminution in her drawings qua partner. For these reasons, I find that the pursuer's averments of the effect of the adoption of the Disputed Wording on any interest she may have qua partner – which were essentially directed to overcoming the limit of the privative jurisdiction–, are irrelevant. Accordingly, she has no


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 relevant averments to establish title and interest to enforce paragraph 4 of the Agreement (even if I had found that it created an obligation enforceable by her).

[99] Finally, in relation to jurisdiction, the pursuer's averments seeking to establish that she is within the privative jurisdiction of this court fall into two categories. The first is the averment of the diminution in value of her own barony title. There is no relevancy challenge to this averment. However, the loss said to flow from that is below the privative jurisdiction. It is for that reason that there are averments (in articles 1 and 9) which also invoke her diminished earnings qua partner in the firm. However, in my view, the defender's submission that there are no relevant averments about the pursuer having any interest qua partner at the time of the pursuer's judicial review or at the time of the Agreement are well founded. Averments of losses said to flow from her diminished drawings qua partner of the firm are accordingly irrelevant. There is also some force in the defender's observation that no accounts of the firm were lodged to vouch the asserted quantum of loss relied on to establish jurisdiction, and note of which might have been permissible in the more flexible practice available to the commercial judge. More fundamentally, given that the firm was not a party to the Agreement, no legal duty or relevant legal nexus was plead as having been owed by the defender to the firm and there is no legal basis averred for a claim by the pursuer on behalf of the firm. Accordingly, the pursuer's averments (in articles 1 and 9) based on her diminution in the value of her drawings from, or interest in, the firm are irrelevant. Absent these averments, which I find to be irrelevant, the value of her claim is prima facie below the privative jurisdiction. This is not a matter I would have reserved for proof, had the pursuer otherwise established the merits of her case.


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 Is the Agreement contra bonos mores?

[100] The pursuer did not dispute the defender's characterisation of the firm's trade as facilitating a secondary market in the sale of titles. In effect, this appears to enable persons who have no connection with Scotland and who are not domiciled here, nonetheless to obtain a grant of arms so long as they can show that they have acquired a barony title. It is far from clear that this is the purpose for which the royal prerogative is properly to be exercised by the Lord Lyon.

[101] While I was not referred to this part of Scots Heraldry, I note Sir Thomas Innes' description of the relatively high proportion of Scots who held titles and honours at the time of the Union in 1707 (eg he noted that there was one peer per 8000 persons, whereas in England the figure was one peer for every 32,000 persons). Also notable was the learned author's description of the width of distribution of arms and honours to many strata of society:

"In Scotland, not only peers and lairds, but professors, lawyers, merchants, and business men, have continually registered arms as a matter of course, by descent if proved, otherwise under new grants." (Scots Heraldry, cit supra, at p 85).

Lyon Innes' enthusiasm to revivify the grant of arms in Scotland, which is evident in the early chapters of Scots Heraldry, is remarked upon by Lyon Sellar: see Sterzenegger at paragraph 16. That enthusiasm notwithstanding the expansiveness with which Lyon Innes viewed jurisdiction in respect of barony titles, and which might be seen as at least not averse to the activities engaged in by the firm, it must be noted that Lyon Innes' discussion elsewhere in that volume (see, eg from page 85ff) appears to assume that the applicant has a Scottish domicile (presumably, technically, because one of the incidents of ownership of a barony title is the right to bear coats of arms in Scotland and a record


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copyright

1908

by joseph gummersbach.

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Iyeyas, deified under the title of Gongen Sama, the founder of the Tokugawa dynasty, left, after a busy life spent first in attaining power and then in consolidating it, the treatise which forms the subject of this essay. The translation used by me is that of Mr. Lowder, published at the beginning of last year. It has seemed to me that a few notes on it, with illustrations from the laws and customs of other nations, might be of some service in determining the place of Japan with respect to Comparative Law. The Legacy of Iyeyas is the most original monument which Japan has produced in the way of Legislation. Unlike the other Codes before the rise, and after the fall, of the Shogunate, it is purely native in its character, with scarcely any mixture of foreign elements. It contains the leading principles of the system which ruled Japan till a few years since, and it has given to the

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 of which is maintained by the Lord Lyon) or he has a Scottish connection. By contrast, see Lyon Innes' discussion of the acceptance of "honorary arms" of foreigners, at least to the extent that they are armes de petite noblesse. The discussion in the cases referred to in the footnote to this passage (footnote 2 at page 92) is apparently confined to foreign– domiciled applicants but who are capable of demonstrating they enjoy equivalent foreign tokens of rank. Otherwise, his discussion of foreign applicants presupposes they can show some Scottish connection, viz,

"Where the petitioner is a foreigner, eg an American citizen, or domiciled in another jurisdiction, and might have difficulty getting a Scottish grant of arms, he may indeed, word his petition to the Lord Lyon so as to obtain from his Lordship a grant of arms to that ancestor and his descendants." (Emphasis by underlining added.)

It may be that paragraph 5 of the Agreement was directed to addressing that jurisdictional issue. (I express no view on the vires of paragraph 5 or whether, as appears to be assumed, a want of jurisdiction –if that be the case– can be cured by the exercise of the Lord Lyon's discretion.) But the tenor of Lyon Innes' discussion in Scots Heraldry would be inimical to support for a secondary market of barony titles simply on the basis that persons with no Scottish domicile or no Scottish connection had the money and inclination to obtain one. Further, while no submissions were made as to how the requirement that the applicant be a "virtuous and well deserving person" was met, the de facto promotion of a secondary market in barony titles would appear to be out of step with the passage from Lyon Sellar's in Scots Heraldry at p 85 (quoted at para [14], above) that, in short, barony titles are conferred on


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 Japanese institutions, in spite of the debt they owe to China, a stamp peculiarly their own.

The subject seems to divide itself naturally into three parts:—The first is, the condition of society which is represented to us in these pages; the second, its nature and character considered as a code with illustrations from other systems of law; the third, its nature as a manual of suggestions bequeathed by Iyeyas to his successors. 1.—We shall first enquire into the state of society depicted by the Legacy of Iyeyas. The following remarks are only a commentary and paraphrase on chapters 42 to 50 in this book. The basis of Japanese life then, as now, was the family. The Japanese family was a corporation. the most characteristic mark of which was its perpetuity. The Paterfamilias, head of the family, had a power similar, in nearly all respects, to the Paterfamilias at Rome. Like him, the JtpaneseJapanese [sic] Father had complete power over the persons and property of his children. He could do as he pleased with both, fettered only by that custom which is the great hindrance to despotism in all early communities. But if his rights were great, his liabilities were great also; he was responsible for all the ill-doings of any of his family. But the Japanese family was not what we understand by the word. It was often not natural but artificial. That is to say; persons whom we should exclude from the family were admitted into it; and those who would find a place in it were sometimes excluded from it. In other words, adoption on the one band, and emancipation or the sending away of a son from the family on the other, were in constant practice. Adoption in Japan, differed from that in Rome. In Rome adoption was resorted to for the purpose merely of enlarging the family: in Japan it was solely employed to perpetuate the family. A man with no male heir was allowed to adopt a child from another

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 "persons deserving of being raised to the nobility....". Nor is it clear that confirmation that this requirement has been met is delegable to the Lyon Clerk. While the defender's averments and submissions on the public policy issue have considerable force, given my determination of the other issues, it is not necessary to decide this question. In the absence of fuller argument, I reserve my opinion on this issue.

Decision

[102] It follows that the pursuer's case is ill-founded as is her challenge to the relevancy of aspects of the defender's pleadings. I shall issue an interlocutor to give effect to my determination of the legal issues debated. I reserve meantime all question of expenses.


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 work in Harvard and in Yale shows, then, this remarkable fact: The irregularity of the average Harvard student is from a little less than three to about five times as great as that of the average Yale student. The former is off duty, either from choice or compulsion, rather more than sixteen per cent. of his time; the latter from less than three and a third to a trifle more than six per cent. Such discrepancy is remarkable. In my opinion, it is highly significant as respects the working of the two systems. Let the reader inquire of himself what its significance must be as regards preparation, both intellectual and ethical, for the work of life. Let any man in business or in professional life ask himself this question: What sort of work should I do, what success have, if I and my employees were absent sixteen per cent. of the entire time allotted for work? More particularly with reference to the life of education, let each one interested in the problem propose such questions as follow: What service would the public school or academy render which permitted an average non-attendance of its pupils amounting to sixteen per cent. of the entire time; or, in other words, reduced the school-days of the week to about four in number? Is there any adequate reason why a youth who is being trained to a life of faithful and patient work should, for a term of four years in the most critical period of his life, enjoy a freedom


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 from restraints which belongs to the well-regulated discipline of neither man nor boy? The average pupil under the New Education, if he has been properly fitted for college, has probably had no such liberty allowed him hitherto; unless he leads after leaving college a life of self-indulgence instead of successful industry, he will never have such liberty again. Is there any magic of morals which makes it best that he should for this particular quaternion be put "upon honor" in a manner different from that to which the rest of the working world is compelled? But it is at best the average man at Harvard who is off duty sixteen per cent. of his time; what, then, must be the amount of irregularity characterizing the more faithless half or quarter of each class?

I have no hesitation whatever in saying that it would be quite impossible for students to pass through Yale College who did not attend more regularly to their duties than the average senior under the New Education. Such students probably could not finish a single year. It must not be supposed, however, that attendance is exacted of the Yale student in such manner as to crush out all spontaneity of impulse, and make both recitation-room and teacher repulsive. Doubtless there is a considerable percentage of men in every college who find all mental work a hardship; with a few, the more and the more regular the work, the greater


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PREFACE.

Mr. Quick, the English educationist, asserts that "since the Revival of Learning, no body of men has played so important a part in education as the Jesuits."

And yet, as the same author says, "about these Jesuit schools there does not seem to be much information accessible to the English reader." (Educational Reformers, pp. 33—34.) It is true, indeed, that during the past few years much has been said and written about the Jesuit schools; in fact, they have occupied the attention of the public more, perhaps, than ever before. However, with the exception of the excellent book of Father Thomas Hughes, S. J. (Loyola and the Educational System of the Jesuits, 1892), most of what has been offered to American and English readers is entirely untrustworthy. The account given of the Jesuit system in Histories of Education used in this country, as those of Compayré, Painter, and Seeley, is a mere caricature. Instead of drawing from the original sources, these authors have been content to repeat the biased assertions of unreliable secondary authorities. Some observations on American Histories of Education will be found at the end of this book (p. 649 sqq.). The publication of a new work on the educational system of the Jesuits may be justified at the present day. During the last decade, educational circles in this country have been greatly agitated about various questions of the utmost importance: the elective system, the value of the study of the classics,

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 the function of the college and its relation to the high school and university, and the problem of moral and religious training. It has been the author’s intention to view the Jesuit system chiefly in the light of these modern problems. These important educational questions have been treated at some length, and it is hoped that on this account the work may engage the attention of all who are interested in education.

I feel almost obliged to apologize for one feature of the book, viz., the numerous quotations and references. Though aware that there is among American and English readers a sort of antipathy against many references, I have yet deemed it necessary to quote freely from various sources. This course I am forced to adopt, as I do not wish to lay before the reader my own opinions about the educational system of the Jesuits, but I want to show what this system is according to the original sources. These are, above all, the Constitutions of the Society of Jesus, and the Ratio Studiorum, which, however, must be supplemented by other documents. For, many points of the Ratio Studiorum are intelligible only in the light of the decrees of the Legislative Assemblies of the Order, the regulations of the General and Provincial Superiors, and the commentaries of prominent Jesuit educators. A great deal of this material has been published by Father Pachtler, in four volumes of the great collection Monumenta Germaniae Paedagogica (Berlin 1887—1894); other valuable information has been published within the last few years, in the Monumenta Historica Societatis Jesu, especially in, the part entitled Monumenta Paedagogica, which appeared in 1901 and 1902. An account of these works is given in the Biblio-

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Rh graphical Appendix, under the heading: Primary Sources.

Another reason which moved me to make use of numerous quotations was the desire to show what distinguished historians and educators outside the Society, particularly non-Catholics, both in America and Europe, have said on the educational system of the Jesuits. I wished also to call attention to points of contact between the Ratio Studiorum and other famous educational systems. As so many features of the Jesuit system have been misrepresented, a work of this kind must, at times, assume a polemical attitude. Painful as controversy is, the unfair criticism of many writers has compelled me to contest their positions. The style of the book may not always be as smooth as is desirable. In partial extenuation of this defect, it should be stated that a considerable amount of the material had to be translated, chiefly from the Latin, German, and French. It has been my principal aim to be faithful to the original, and in general, to write in the simplest possible language, so as to let the facts speak without attempt at literary embellishment.

I desire to acknowledge my obligation to several friends of Woodstock College, who rendered kind assistance in revising the manuscript and reading the proofs. In particular I wish to thank the Rev. Samuel Hanna Frisbee, S. J., editor of the Woodstock Letters, who allowed me the freest use of the Letters and furnished other valuable material.

March 12, 1903.

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 their sense of hardship. But with the body of students at Yale the case is not so. Their spirit will compare most favorably with that which Professor Palmer describes as characteristic of the New Education. That they are not merely driven by severe rules to their tasks is shown by the fact that, as I have already said, the average Yale student does not avail himself of all his allowed absences. It is also shown by the fact that a considerable percentage of men, especially in the upper classes, are ready to take over-hours of work; this in spite of the fact that the required number of recitations at Yale is fifteen (or sixteen) per week, instead of twelve as at Harvard. It is further shown by the large use which the students make of the libraries. On this point, then, let us compare facts with the New Education. Professor Palmer considers it a triumph for "the system" that the extent to which the college library is consulted by the undergraduates has increased from fifty-six per cent. in 1860–61 to eighty-five per cent. in 1883–84. But for years past the average Yale student, so far as the statistics of the respective libraries show, has been more a reader of books than his Harvard fellow under the present high estate reached by the New Education. During the year selected for comparison (1883–84) the undergraduates of Yale drew from "Linonian and Brothers" alone 18,440 volumes; all but 76


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 perusing, pointing to a paragraph therein.

"Hebrew!" I ejaculated. "I'm sorry, but I don’t know a word of it."

"Then here is a rather free translation of it," he replied, "but I regret that you can not read the original. Some of the author's thought is always lost in the process of translation."

I accepted the proffered script and read the following:

"Well, that's beginning to get close," I commented, returning the paper to Lee. "Who was the old fellow that wrote that?" indicating the volume.

"That is not known," Lee Clayton replied, turning to the title-page. "It seems to be merely a collection of anonymous Hebrew manuscripts published by a German house in the early part of the Sixteenth Century."

"But why all the secrecy?" I asked. "The 'certain soldier' was merely fulfilling destiny when he obeyed an impulse to fire the sanctuary."

Young Lee Clayton shot me a swift, searching glance.

"If you believe so," he said quietly, "I will not gainsay it, but if you want my personal opinion, the 'certain soldier' was, as indeed all of us are, the captain of his own soul. He was entirely responsible for his deed. You know Shakespeare wrote,

"What if he did?" I admitted, warming to the argument. "But if I remember rightly he is also responsible for these words:

"How do you reconcile the two?"

Clayton laughed pleasantly. "It seems to be a case of 'pay your money and take your choice,' friend Ebson, and my choice is made and is unchangeable."

"I admire you for your convictions," I said heartily. "I confess my own are not so unshakable."

He smiled a little pensively, then remarked, "And because I believe this 'certain soldier' to have been entirely responsible for his act of desecration, I wish to ascertain his identity. And now I am going to a curio-shop which I chanced upon yesterday. Will you come too?"

I readily consented, and together we wended our way through the busy streets of modern Rome.

far from the Piazza de Spania, near the end of a short and narrow street lined with native bazaars and stalls, is a curio-shop of one Antonio Salvucci, dealer in antiques. Although the place was far from cleanly and had a very cluttered appearance, it was not wholly lacking in charm. The proprietor appeared from the rear of the shop as we entered and eyed us appraisingly.

"The American gentlemen wish some Roman antiques?" questioned the Italian eagerly.

"Just looking, Mr. Salvucci," replied Clayton, and aside to me: "The museums have most of the genuine antiques, but occasionally one can pick up something good for very little money."

We walked about the little store looking at and inquiring about various objects. Most of the curios were relics of Coptic art that had been found in and about the catacombs


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 family who filled there exactly the same position as the natural child would have done. In early times it was the rule that an adopted son must be of the same name as the adopting parent. If the adopting parent had a daughter, the adopted son married her, there being in this respect a difference from the practice in Rome, where the natural tie of brother and sister was held to be formed and marriage therefore was illegal. In both Rome and Japan, adoption followed the course of nature. Only an adult was allowed to adopt, but in Japan if the head of the family were himself an infant he could adopt. This practice was so much resorted to in Japan for two reasons. The earliest and most important was a religions one; adoption prevented the extinguishment of the ancestral sacrifices (sacra gentilicia) and the consequent disgrace which would have fallen on the family. The second reason will be considered when we speak of feudalism. The second method which rendered the family artificial was the practice of Kiuri or Kando, the sending away a son from the family, a custom analogous to emancipation in Rome, with this difference that in Rome emancipation seems to have been bestowed on a favourite son to release him from the bondage of the paternal power, while in Japan a son was only sent away if be were of an irredeemably bad character.

We next come to marriage. Marriage in Japan was not a contract between the parties or a religious institution, but a handing over of the bride to the family of the husband by her own family. Marriage was allowed, or rather enjoined, in the case of a man at the age of 16, of a woman at 13. A wife passed completely under the control of her husband, both as to her person and property, subject to reference to a council of family relations. So far we have considered the family in its internal aspect. But each family was connected with other families, as in early Rome and Greece, and thus about 50 great clans were formed, of which the four principal were the Gen, To, Pei and Kitsu. All the families of these clans were descended from a common ancestor or claimed to

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 be so. There were certain sacrifices peculiar to each of the families. Certain dignities also were confined to certain families: thus the Shogunate was the properlyproperty [sic] of the “Gen” family, and we find that the Rulers of the Hojo family and Nobunaga never assumed the title, though they wielded the power of Shogun, because they did not belong to the “Gen” clan. In the same way the office of Prime Minister was confined to the “To” or Fujiwara family. Up to this point, we find in Japan a condition of society analagousanalogous [sic] to that formerly existing in Italy and Greece from about 1,000 B. C. to the year 500 of the Christian Era. In both we have family as the unit of civilization. But that which is peculiar to Japan, and that which as such makes the study of Japanese institutions interesting to the student of comparative Law is that, with this primitive form of society remaining unchanged, we find a system which did not arise in Europe till about the 11th century A.D., the system of feudalism. Into the causes which gave rise to feudalism in Japan it is not the purpose of this essay to enquire. Suffice it to remind you, that here feudalism, or the holding of land on condition of military service, received perhaps its most elaborate developement, as it was affected by those causes which modified it in Western Europe—the Church and the Empire. The following seems to have been the condition of society in this respect at the time of Iyeyas. At the head the Shogun. Below him about 360 Daimios, each with a territory of greater or less extent which he farmed out to his samurai or vassals in return for military service: land so held was called koku. In the greater daimiates these vassals underlet their lands on the same conditions; in other words sub-feudation was common. This military service was incumbent on every one who held lands; and so far was this theory carried that a vassal who was not able to perform the service by reason of age or sickness, abdicated in favour of his son. Since lands were only held on condition of military service, if a vassal died and left no male children, the lands escheated

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 to the lord. This naturally extended the practice of adoption, and thus in time it came to be considered that to prevent forfeiture of estate was the only reason for adoption, although doubtless the religious one was always the deepest: even if a man died without leaving any children, natural or adopted, by a legal fiction the property was retained, since his death was concealed till permission was given by the lord for him to adopt a son; and only after this permission was given, his death was announced. Not only escheat, but forfeiture, as in England, was incurred, if the vassal proved faithless to his lord. Each Daimio lived with his retainers in a walled town; while the other three classes of society, the agriculturists, the artizans, and the merchants, lived outside—the farmer in different parts of the territory, the latter in the Joka, or space immediately below the wall. This is illustrated by the relative position of the patricians and plebiansplebeians [sic] in the early Latin communities, in which the patricians lived on the arx or hill, and the plebeians on the low ground beneath it. For instance: the commons in Rome lived in the Suburra at the foot of the Capitoline Hill.

Again we find in Western Europe the exact contrast to this arrangement; for in it the barons and their retainers lived in the country, and the commons in the walled towns, protected by which, commercial interests grew and expanded. Each daimiate was isolated and provided all things necessary for it from within itself, thus realising the idea of independence which the Greek states strove in vain to accomplish. Thus the other three classes were necessarily found in each daimiate, and the members of these clans remained as a rule unchanged. Still there was never a caste system in Japan; there was no religious barrier between each class. The condition of things was the same as in ancient Egypt and was produced by the same instinctive tendency which we find always present in antiquity, to abide in the old ways as much as possible.

2.—Such is the condition of society in Japan as pictured to us in the “Legacy of Iyeyas.” Family life formed

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 the basis upon which, (as it seems to us incongruously) a superstructure of feudalism had been reared. A code of laws for such a community must necessarily omit much that we at the present time consider to be essential, and lay much stress on what we consider unimportant. But, on the other hand, it bears a striking resemblance to all the early codes, to the laws of Solon and Lycurgus, the 12 Tables; to the Mosaic, and the early Teutonic codes.

From an analysis of the “Legacy of Iyeyas” the following results have been obtained. The work consists of 100 chapters in no logical sequence. Sixteen chapters consist of moral maxims and reflections 55 are connected with polities and administrations 22 refer to legal matters and in 7 Iyeyas relates episodes in his own personal history. The Legacy of Iyeyas then resembles other early codes in the following particulars. First, is makes no sharp distinction between law and morality, between the duties of the citizen and the virtue of the man. The man who obeys the law is virtuous, he who disobeys it is vicious and low. It is the province of the Legislator to inculcate virtue; accordingly sixteen chapters of this short lecture are moral maxims quoted apparently from the sages Confucius and Mencius. Secondly, what is termed Substantive Law is nearly omitted. Since human life within the daimiate was regulated by custom, not by agreement, there was hardly any intercourse between different daimiates, since the only property of any importance was land, and no will was allowed; all that we chiefly understand by law, all that embraces the main bulk of modern law,—the law of contracts, the law of personal property, of will, commercial and maritime law, find no place in this code. In this respect too, there is an exact parallel between this and other early codes. On the other hand great stress is laid on criminal law, including offences and the different punishments allotted to each, and the law relating to landed property; on the law relating to the status of persons and of classes, to etiquette and ceremonial, to tables of rank and precedence,

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 to political administration and government. In these points, especially the latter, minute details are entered into, and this with a particularity which is striking when compared with the poverty of the code in respect to those matters which seem to us most important in a system of law. A third point of similarity between this and the other ancient codes is, the provision it makes for the exercise of private vengeance, of personal satisfaction for injuries done. As the power of government is comparatively weak, the individual does not, (as he does in more advanced societies) give up his right to take satisfaction in his own hands. Thus we find in this code that he whose father or lord has suffered from violence may revenge himself in a prescribed period, on giving suitable notice. We have a parallel to this in the elaborate provisions of the Mosaic code with respect to the avenging of blood. Another point of similarity is the stress this code lays on class distinctions. Society in early stages is unequal, and early codes by reducing these distinctions to writing render them more sharp and distinct. Such expressions as “A girded sword is the living soul of a samurai”—“The samurai are the masters of the four classes” must have increased the self-importance of those who read them, and added much to the already overweening pride of the military class in Japan. But there is one great difference between this and all other early codes, viz, its secrecy. It was in express terms forbidden to be promulgated; the perusal of it was only allowed to the “Gorejiu” or chief concillors of state. This is so unlike all our ideas of Law that it is difficult for us even to imagine a state of things in which people are judged by laws of which they are not only ignorant, but purposely kept in ignorance. The question at once arises how can people obey laws if they do not know their nature? But we have a parallel in the history of the Aryan race previous to the foundation of the codes so often mentioned. We find in Greece and Rome at the beginning of their history that the knowledge of the laws and their administration was confined to the

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