Report of the Annual Session of the Georgia Bar Association Volume 3

Report of the Annual Session of the Georgia Bar Association Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt:, and the search made after the finding? Unless the justice of the given case were already known, the verifying force could not be lodged solely along with it or solely away from it; and were it already known, there would be no need for verification at all. On principle, then, the law wisely divides the verifying forqe into two opposite forces, and commits one of them to each party. The law does this knowing that parties areselfish, and that even in a contest about justice, their activity will notbe for the sake of justice, but for the sake of interest--the interest they have in justice as they understand it, or claim it to be. The scheme of the law for discovering what it really is, is a combination of three forces: two verifying and one deciding; two antagonistic and one neutral; two selfish and one disinterested. The parties work adversely for a prize; the Court works indifferently between them for a principle--the principle according to which the prize is to be awarded. The Court finds the principle, if at all, by witnessing, guiding and governing the contention, and by studying its verified results. In such a struggle, it is helpful to the Court and advantageous to justice that all the strength and all the weakness of both sides should-be made manifest. Each party can well be trusted to show his own strength, but not his own weakness; his adversary will expose that much better. To get the full benefit of this principle of human nature, the range of verification permitted by the law is as follows: Either party may verify all he can, and hinder his adversery as much as he can from verifying anything; but he can neither verify nor hinder by violating justice of procedure, nor by the use of falsehood in either of its forms--that is, more

Product details

  • Paperback | 76 pages
  • 189 x 246 x 4mm | 154g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236605640
  • 9781236605641