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1 Struggle for Simplification of Legal Procedure: Legal Procedure and Social Unrest 1913

handle is hein.beal/stsilprd0001 and id is 1 raw text is: AMERICAN BAR ASSOCIATION ADVANCE INFORMATION FOR NEWSPAPER USE ONLY. TO BE RELEASED AFTERNOON PAPERS SEPTEMBER 3, 1913. THE STRUGGLE FOR SIMPLIFICATION OF LEGAL PROCEDURE. LEGAL PROCEDURE AND SoCIAL UNREST. BY JUDGE N. CHARLES BURKE, OF THE COURT OF APPEALS OF MARYLAND. Apart from the Christian religion, which has taught the father- hood of God and the brotherhood of man; which proclaimed the dignity of the individual man, and insisted upon the principles of fraternity and essential equality; which laid upon the con- sciences of men the obligation to live in peace and union with each other so far as that might be possible; to respect each others rights; to give to all men what belongs to them; to respect their property; to speak the truth in all things; which insists upon an incorruptible integrity, the purest justice and the highest moral- ity ; which sanctifies the just authority of the state and conse- crates patriotism, and which infused into a pagan age the princi- ples of justice and mercy, and personal and political regeneration -apart from that divine teaching, I know of no avocation or calling which has contributed more to the welfare and happiness of the human race than the legal profession. Liberty or oppres- sion, happiness or misery, prosperity or poverty, national progress or decay, the security of person and property are, in a large degree, the results of the law under which a people live. So neces- sarily and obviously true is this proposition that civil liberty cannot be defined without a reference to the law. Men may speculate upon the question; doctrinaires may philosophize about it, and construct in the sanctum fanciful theories; but, for all the practical purposes of life, our liberty is exactly what the law makes it-the freedom to do whatever it permits, or does not forbid. The greatest of our American judges has said, that the very essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an in- jury ; and the laws determine when the injury has been com- mitted, and point out the method by which it may be redressed.

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