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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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