YMCA Night Law School - Triangle Yearbook (Cincinnati, OH)

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G 1 F x f ' k,2 Q 1:72 X! f.b' 3 1 II Logica est afrs ratiocinandi, ut discematur verum et falso. Logic is the art of reasoning, to the end that truth may be discerned from falsity -Aristotle Two thousand five hundred and fifty years before Christ, an Egyptian book was written called, k'The Precepts of PtahfHotep.', This is probably the oldest book in the world. The book shows by its lines that the wisdom of man had developed considerably. We think of Solomon as being the wise man of ancient times, but the space of years between him and PtahfHotep is greater than that between Solomon and ourselves. This wonderful specimen written in such a period of antiquity reveals a clear sense of reasoning ability. In The Cutline of Literature edited by John Drinkwater, the following extract is taken from Mr. Cunn's translation: If thou be an emissary sent from one noble to another, be exact after the manner of him that sent thee, give his message even as he hath said it. Beware of making enmity by thy words, setting one noble against the other by perverting truth. Cverstep it not, neither repeat that which any man, be he prince or peasant, saith in opening the heart, it is abhorrent to the soul. By this we see that logic was put into use at an exceedingly early period. We can trace the wisdom and reasoning of men like the great Chinese philosopher, Confucius. The Greeks, the Romans and the Hebrews all added their bit to the promotion of truthful discernment. The iirst five 'books of the Bible which are inscribed The Lawn are specific evidence of a growing practice of discrimination. While these Jewish writings are filled with history and religious convictions the development of th-e propensities of thought are apparent. Men, by the application of reason have unearthed rules for the guidance of their behavior. The great problem encountered by society is the discrimination between right and wrong. There are certain principles upon which man may follow if he is to judge freely the issues that confront him and his associates. Law is presumably correct and logic is the solution of the elements that go to make it into a concrete factor. Thus we arrive at the principle that obedience to law is liberty. If to draw a fine hair line distinction our consideration will fall upon no truer words than those of an unknown author quoted as follows: It is because men are prone to be partial towards those they love, unjust towards those they hate, servile towards those above them, arrogant towards those below them, and either harsh or overfindulgent to those in poverty or distress, that it is diiiicult to find anyone capable of exercising a sound judgment with respect to the qualities of others. fig? WI j T fi: as ,img K K Tix if Bl?-. T 5' - ABT' X X K7 it V gr My agkpfss g se ft-Q 73

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-.195 e er me 5 I tt i I 1- tional government has received comment by a late noted American jurist which should be of importance to the student of law, spoken as follows: -American scholars look out on the world from a height-that on which their education has placed them. They observe that the tendencies of modern political thought in most countries are towards greater and greater centralization of power in the hands of one man or a few men, subject to checks by the people, either by direct vote or through their representatives. The educated man is especially liable to be affected by the current of worldfpolitics. He naturally wishes his own country to be in line with the advance elsewhere of political thought. I' do not think he al' ways appreciates how the difference in history and conditions between the United States and Europe renders impossible here, under our constitutional system, much that is possible there. This point of view is of immense importance, since it shows that the student should consider the varied distinctions and contrasting elements of the several govern-ments of the world. Courts and laws of all nations are interestmg in their different functionings and their various means of meting justice. The famous judicial combination of this age is one known as the Permanent Court of International justice. With no intentions of stirring up political debate upon something that our own country has not seen fit to enter into, but merely to show how farfreaching is the extent of the hand of law and justice, a somewhat brief discussion will follow upon the court that has heretofore been mentioned. The policy that the United States has taken in the matter of the Pernian-ent Court of International justice has been not to negotiate but to legislate, but it seems that treaties cannot b-e legislated and because of the refusal of the Powers involved, to accept certain reservations, we have not entered. The Court of International Justice is empowered to decide unsettled portions or unsatisfactorily interpreted provisions of various peace treaties and under the mandates. The court sits at hearings of disputes arising over the international regime of maritime ports and of railways and various other vital states of controversy. One can easily see the vast importance connected with the functions of this court and how reasonable law must be applied to serve as a means of prof tection to many nations. Q This continual growth of rules upon which man has founded his judicial stage has evolved from the earliest period when man reasoned only within his primitive bounds. When the safety of his fellow men was to be ascertained, he planned the rules that were to weigh their acts. Through the long hall of legal fame are the busts of Hammurabi, Justinian, Williani the Conqueror, Edward the Confessor and well can we add some of the early judges who sat on the benches of England. These men have established precedents of worth that may be found upon the pages of modern legal records. The whole body of rules of law are summed up by deduction to mean the provisions for the control or regulation of society, brought about by the existence of reason to conform with the social requisites of the time. 'Q TEX Wa, 54525: f '- Q , fe . I fi JL? tm X ,Ez 'fy-ig-'ffiggigl ..ij,.,'e'. k . ,,l., V ,,,.f'l l ' , ' I fly-112-17.111 o Ki GXQ7-f Qidiix Ellilz ., i45 a -621, Jifnfs X JF -9 'sifffo 'ff 9 W

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gig? XXXW A' VX53,f,-Ural UTISNGLEA gl. s L 28 Q, - 1 ? tg-25:9 Extracts given by authorities herein are to prove that the merits of logic, known otherwise as correct reasoning, are absolutely essential in establishing good law. The degree of modern learning can only be based upon right apprehension. The intel' ligence exhibited by ancient philosophers, writers and lawmakers should be but one iota if we were to measure by the advance of years a comparison to present day conf tributors. However, advancement has been so diversified that any statement made in this respect would be unfounded unless one were acquainted within a large scope with all subjects relating thereto. By such diversity the logician today as well as yesterday has never reached the ultimate line of problems presented for his determination. The law continually encounters new barriers. When law comes in contact with a new problem logic servesiin its solution. Logic is the backbone of the law. HI One of the early rules governing human conduct provides that you must 'LSO use your own that you shall not injure another's. What, then, have the principles of law and logic proved? They have probably done more to advance society than any other means could possibly have done. Law has developed gradually. Rebuilt portions that have been outgrown by time serve as steps upon which a surer footing can be acquired. The incomparable commentator, Sir William Blackstone expanded the elements of legal factors to a practical form. In 2 Bl. Com., 44, we read: In the course of our observations nu this and may other parts of the present book, we may have occasion to search p-retty highly into the antiquities of our English jurisprudence, yet surely no industrious student will imagine his time misemployed when he is led to consider that the obselete doctrines of our laws are frequently the foundation upon which what remains is erected, and that it is impracticable to comprehend many of the rules of the modern law in a scholarlike, scientinc manner, without having recourse to the ancient. The logic and law of yore is the strength of logic and law in the present. The brutum fulmen of corruption and other transgressions cannot hold against the su' premacy of truth, the keyword of logic. Invariably, when the false blows of these fallacies register upon public record they kill themselves because they are not logical. I have heard quoted before: The wisdom of a serpent is to hide itself. Law that is not based upon correct reasoning is continually assailed and sooner or later exposed, though it stay for innumerable years. Truth is mighty, and it will prevail fmagna est veritos, et prevalebitj and that is reason in its state of perfection. Following the tendencies of modern jurists for the simplification and unifornrityof law we can only hope for a bright future in our coming professional duties. It is for us to raise the standard of legal ethics and enslave ourselves to the all powered master, logic. The reputation of a nation is at 'ji 42 xx- . :fr-7-:A wr W- ,: . TH,-1. 1-W T- , '.-N . V QQ J B . r ,fa , B7 is ii' .,f,:?e1+-i ss-iiefss-fe??5.l.NfiJfM fw A ,ig L3 C- f iff , '!f,.4-L, cy..q 5 ffirnih BX x