is a perpetual rack, or horsemill, according to Austin, still going round as in a ring.
To rejoice in the prosperity of another is to partake of it.
The running waves of eager life end on the motionless fixed strand of death.
I share no man's opinions; I have my own.
We become obsessed with "truth" when discussing statements, just as we become obsessed with "freedom" when discussing conduct \x85 Like freedom, truth is a bare minimum or an illusory ideal.
However well equipped our language, it can never be forearmed against all possible cases that may arise and call for description: fact is richer than diction.
God shows his contempt for wealth by the kind of person he selects to receive it. -- Austin O'Malley
"A University without students is like an ointment without a fly." -- Ed Nather, professor of astronomy at UT Austin</p>
Having a baby isn't so bad. If you're a female Emperor penguin in the Antarctic. She lays the egg, rolls it over to the father, then takes off for warmer weather where she eats and eats and eats. For two months, the father stands stiff, without food, blind in the 24-hour dark, balancing the egg on his feet. After the little penguin is hatched, the mother sees fit to come home. -- L. M. Boyd, "Austin American-Statesman"
No man can have a reasonable opinion of women until he has long lost interest in hair restorers. -- Austin O'Malley
Good night, Austin, Texas, wherever you are!
Time goes, you say? Ah no! Time stays, *we* go. -- Austin Dobson
Moreover, a coffin containing a living being,--that convict's expedient,--is also an imperial expedient. If we are to credit the monk Austin Castillejo, this was the means employed by Charles the Fifth, desirous of seeing the Plombes for the last time after his abdication.
Lastly, following Austin, the main division of the law of things is into (1) primary rights with primary relative duties, (2) sanctioning rights with sanctioning duties (relative or absolute). The former exist, as it has been put, for their own sake, the latter for the sake of the former. Rights and duties arise from facts and events; and facts or events which are violations of rights and duties are _delicts_ or _injuries_. Rights and duties which arise from delicts are remedial or sanctioning, their object being to prevent the violation of rights which do not arise from delicts. Entry: T
Sir H. Maine (_Ancient Law_) supplies the historical element which is always lacking in the explanations of Austin and Bentham. Fictions form one of the agencies by which, in progressive societies, positive law is brought into harmony with public opinion. The others are equity and statutes. Fictions in this sense include, not merely the obvious falsities of the English and Roman systems, but any assumption which conceals a change of law by retaining the old formula after the change has been made. It thus includes both the case law of the English and the _Responsa Prudentum_ of the Romans. "At a particular stage of social progress they are invaluable expedients for overcoming the rigidity of law; and, indeed, without one of them, the fiction of adoption, which permits the family tie to be artificially created, it is difficult to understand how society would ever have escaped from its swaddling clothes, and taken its first steps towards civilization." Entry: FICTIONS
The numerous works of Madame de Genlis (which considerably exceed eighty), comprising prose and poetical compositions on a vast variety of subjects and of various degrees of merit, owed much of their success to adventitious causes which have long ceased to operate. They are useful, however (especially the voluminous _Mémoires inédits sur le XVIII
GOSCHEN, GEORGE JOACHIM GOSCHEN, 1st VISCOUNT (1831-1907), British statesman, son of William Henry Göschen, a London merchant of German extraction, was born in London on the 10th of August 1831. He was educated at Rugby under Dr Tait, and at Oriel College, Oxford, where he took a first-class in classics. He entered his father's firm of Frühling & Göschen, of Austin Friars, in 1853, and three years later became a director of the Bank of England. His entry into public life took place in 1863, when he was returned without opposition as member for the city of London in the Liberal interest, and this was followed by his re-election, at the head of the poll, in the general election of 1865. In November of the same year he was appointed vice-president of the Board of Trade and paymaster-general, and in January 1866 he was made chancellor of the duchy of Lancaster, with a seat in the cabinet. When Mr Gladstone became prime minister in December 1868, Mr Goschen joined the cabinet as president of the Poor Law Board, and continued to hold that office until March 1871, when he succeeded Mr Childers as first lord of the admiralty. In 1874 he was elected lord rector of the university of Aberdeen. Being sent to Cairo in 1876 as delegate for the British holders of Egyptian bonds, in order to arrange for the conversion of the debt, he succeeded in effecting an agreement with the Khedive. Entry: GOSCHEN
In the words of the _Edinburgh Review_ (July 1833), these documents "mark an epoch in the progress of national education, and are directly conducive to results important not only to France but to Europe." The _Report_ was translated into English by Mrs Sarah Austin in 1834. The translation was frequently reprinted in the United States of America. The legislatures of New Jersey and Massachusetts distributed it in the schools at the expense of the states. Cousin remarks that, among all the literary distinctions which he had received, "None has touched me more than the title of foreign member of the American Institute for Education." To the enlightened views of the ministries of Guizot and Thiers under the citizen-king, and to the zeal and ability of Cousin in the work of organization, France owes what is best in her system of primary education,--a national interest which had been neglected under the Revolution, the Empire and the Restoration (see _Exposé_, p. 17). In the first two years of the reign of Louis Philippe more was done for the education of the people than had been either sought or accomplished in all the history of France. In defence of university studies he stood manfully forth in the chamber of peers in 1844, against the clerical party on the one hand and the levelling or Philistine party on the other. His speeches on this occasion were published in a tractate _Défense de l'université et de la philosophie_ (1844 and 1845). Entry: I
There is ample testimony that Austin's lectures were very highly appreciated by those who heard them. Their one fault was that they were over-elaborated. In his desire to avoid ambiguity, he repeats his explanations and qualifications to an extent which must have tired his hearers. Nevertheless the lectures excited an admiration which almost amounted to enthusiasm. Nor was Austin's influence confined to his lectures. Sir William Erle says in a letter written to him in 1844, "The interchange of mind with you in the days of Lincoln's Inn I regard as a deeply important event in my life, and I ever remember your friendship with thankfulness and affection." John Stuart Mill, whose views on political subjects were entirely opposed to those of Austin, spoke of him after his death as the man "to whom he (Mill) had been intellectually and morally most indebted," and he expressed the opinion "that few men had contributed more by their individual influence, and their conversation, to the formation and growth of the most active minds of the generation." Entry: AUSTIN
Illustrated books of certain periods are also much in request, and with the exception of a few which early celebrity has prevented becoming rare have increased inordinately in price. The primitive woodcuts in incunabula are now almost too highly appreciated, and while the _Nuremburg Chronicle_ (1493) seldom fetches more than £30 or the _Hypnerotomachia Poliphili_ (Venice, 1499) more than £120, rarer books are priced in hundreds. The best books on the subject are: for Italy, Lippmann's _Wood Engraving in Italy in the 15th Century_ (1888), Kristeller's _Early Florentine Woodcuts_ (1897), the duc de Rivoli's (Prince d'Essling's) _Bibliographie des livres à figures vénitiens 1469-1525_ (1892, new edition 1906); for Germany, Muther's _Die deutsche Bücherillustration der Gothik und Frührenaissance_ (1884); for Holland and Belgium, Sir W.M. Conway's _The Woodcutters of the Netherlands in the 15th Century_ (1884); for France the material will all be found in Claudin's _Histoire de l'imprimerie en France_ (1900, &c.). Some information on the illustrated books of the early 16th century is given in Butsch's _Die Bücherornamentik der Renaissance_ (1878), but the pretty French books of the middle of the century and the later Dutch and English copper-engraved book illustrations (for the latter see Colvin's _Early Engraving and Engravers in England_, 1905) have been imperfectly appreciated. This cannot be said of the French books of the 18th century chronicled by H. Cohen, _Guide de l'amateur de livre à gravures du XVIII
It has been said that Austin himself admitted to some extent the force of these objections. He includes among laws which are not imperative "declaratory laws, or laws explaining the import of existing positive law, and laws abrogating or repealing existing positive law." He thus associates them with rules of positive morality and with laws which are only metaphorically so called. This collocation is unfortunate and out of keeping with Austin's method. Declaratory and repealing laws are as completely unlike positive morality and metaphorical laws as are the laws which he describes as properly so called. And if we avoid the error of treating each separate proposition enunciated by the lawgiver as _a_ law, the cases in question need give us no trouble. Read the declaratory and the repealing statutes along with the principal laws which they affect, and the result is perfectly consistent with the proposition that all law is to be resolved into a species of command. In the one case we have in the principal taken together with the interpretative statute a law, and whether it differs or not from the law as it existed before the interpretative statute was passed makes no difference to the true character of the latter. It contributes along with the former to the expression of a command which is a true law. In the same way repealing statutes are to be taken together with the laws which they repeal--the result being that there is no law, no command, at all. It is wholly unnecessary to class them as laws which are not truly imperative, or as exceptions to the rule that laws are a species of commands. The combination of the two sentences in which the lawgiver has expressed himself, yields the result of silence--absence of law--which is in no way incompatible with the assertion that a law, when it exists, is a kind of command. Austin's theory does not logically require us to treat every act of parliament as being a complete law in itself, and therefore to set aside a certain number of acts of parliament as being exceptions to the great generalization which is the basis of the whole system. Entry: JURISPRUDENCE
Long wars, vast economic changes and the conservatism generated by the French Revolution piled up a monstrous arrear of work for the English legislature. Meanwhile, Jeremy Bentham (d. 1832) had laboured for the overthrow of much that Blackstone had lauded. Bentham's largest projects of destruction and reconstruction took but little effect. Profoundly convinced of the fungibility and pliability of mankind, he was but too ready to draw a code for England or Spain or Russia at the shortest notice; and, scornful as he was of the past and its historic deposit, a code drawn by Bentham would have been a sorry failure. On the other hand, as a critic and derider of the system which Blackstone had complacently expounded he did excellent service. Reform, and radical reform, was indeed sadly needed throughout a system which was encumbered by noxious rubbish, the useless leavings of the middle ages: trial by battle and compurgation, deodands and benefit of clergy, John Doe and Richard Roe. It is perhaps the main fault of "judge-made law" (to use Bentham's phrase) that its destructive work can never be cleanly done. Of all vitality, and therefore of all patent harmfulness, the old rule can be deprived, but the moribund husk must remain in the system doing latent mischief. English law was full of decaying husks when Bentham attacked it, and his persistent demand for reasons could not be answered. At length a general interest in "law reform" was excited; Romilly and Brougham were inspired by Bentham, and the great changes in constitutional law which cluster round the Reform Act of 1832 were accompanied by many measures which purged the private, procedural and criminal law of much, though hardly enough, of the medieval dross. Some credit for rousing an interest in law, in definitions of legal terms, and in schemes of codification, is due to John Austin (d. 1859) who was regarded as the jurist of the reforming and utilitarian group. But, though he was at times an acute dissector of confused thought, he was too ignorant of the English, the Roman and every other system of law to make any considerable addition to the sum of knowledge; and when Savigny, the herald of evolution, was already in the field, the day for a "Nature-Right"--and Austin's projected "general jurisprudence" would have been a Nature-Right--was past beyond recall. The obsolescence of the map of law which Blackstone had inherited from Hale, and in which many outlines were drawn by medieval formulas, left intelligent English lawyers without a guide, and they were willing to listen for a while to what in their insularity they thought to be the voice of cosmopolitan science. Little came of it all. The revived study of Germanic law in Germany, which was just beginning in Austin's day, seems to be showing that the scheme of Roman jurisprudence is not the scheme into which English law will run without distortion. Entry: A
During that time the body of statute law was growing, but not very rapidly. Acts of parliament intervened at a sufficient number of important points to generate and maintain a persuasion that no limit, or no ascertainable limit, can be set to the legislative power of king and parliament. Very few are the signs that the judges ever permitted the validity of a statute to be drawn into debate. Thus the way was being prepared for the definite assertion of parliamentary "omnicompetence" which we obtain from the Elizabethan statesman Sir Thomas Smith, and for those theories of sovereignty which we couple with the names of Hobbes and Austin. Nevertheless, English law was being developed rather by debates in court than by open legislation. The most distinctively English of English institutions in the later middle ages are the Year-Books and the Inns of Court. Year by year, term by term, lawyers were reporting cases in order that they and their fellows might know how cases had been decided. The allegation of specific precedents was indeed much rarer than it afterwards became, and no calculus of authority so definite as that which now obtains had been established in Coke's day, far less in Littleton's. Still it was by a perusal of reported cases that a man would learn the law of England. A skeleton for the law was provided, not by the Roman rubrics (such as public and private, real and personal, possessory and proprietary, contract and delict), but by the cycle of original writs that were inscribed in the chancery's _Registrum Brevium_. A new form of action could not be introduced without the authority of Parliament, and the growth of the law took the shape of an explication of the true intent of ancient formulas. Times of inventive liberality alternated with times of cautious and captious conservatism. Coke could look back to Edward III.'s day as to a golden age of good pleading. The otherwise miserable time which saw the Wars of the Roses produced some famous lawyers, and some bold doctrines which broke new ground. It produced also Sir Thomas Littleton's (d. 1481) treatise on Tenures, which (though it be not, as Coke thought it, the most perfect work that ever was written in any human science) is an excellent statement of law in exquisitely simple language. Entry: A
DUFF-GORDON, LUCIE (1821-1869), English woman of letters, daughter of John and Sarah Austin (q.v.), was born on the 24th of June 1821. Her chief playfellows as a child were her cousin, Henry Reeve, and John Stuart Mill, who lived next door in Queen Square, London. In 1834 the Austins went to Boulogne, and at table d'hôte Lucie found herself next to Heinrich Heine. The poet and the little girl became fast friends, and years afterwards she contributed to Lord Houghton's _Monographs Personal and Social_ a touching account of a renewal of their friendship when Heine lay dying in Paris. Her parents went to Malta in 1836, and Lucie Austin was left in England at school, but her unconventional education made the restrictions of a girls' school exceedingly irksome. She showed her independence of character by joining the English Church, though this step was certain to cause pain to her parents, who were Unitarians, and to many of her friends. She married in 1840 Sir Alexander Duff-Gordon (1811-1872). With her mother's beauty she had inherited her social gifts, and she gathered round her a brilliant circle of friends. George Meredith has analysed and described her extraordinary success as a hostess, and the process by which she reduced too ardent admirers to "happy crust-munching devotees." "In England, in her day," he says, "while health was with her, there was one house where men and women conversed. When that house perforce was closed, a light had gone out in our country." After her father's death, she fell into weak health and was obliged to seek sunnier climes. She went in 1860 to the Cape of Good Hope, and later to Egypt, where she died on the 14th of July 1869. She had translated among other works _Ancient Grecian Mythology_ (1839) from the German of Niebuhr; _Mary Schweidler_; _The Amber Witch_ (1844) from the German of Wilhelm Meinhold; and _Stella and Vanessa_ (1850) from the French of A.F.L. de Wailly. Her _Letters from the Cape_ (1862-1863) appeared in 1865; and in 1865 her _Letters from Egypt_, edited by her mother, attracted much attention. _Last Letters from Egypt_ (1875) contained a memoir by her daughter, Mrs Janet Ross. Lady Duff-Gordon won the hearts of her Arab dependents and neighbours. She doctored their sick, taught their children, and sympathized with their sorrows. Entry: DUFF
In unity, consistency and thoroughness of method, Bentham's utilitarianism has a decided superiority over Paley's. He considers actions solely in respect of their pleasurable and painful consequences, expected or actual; and he recognizes the need of making a systematic register of these consequences, free from the influences of common moral opinion, as expressed in the "eulogistic" and "dyslogistic" terms in ordinary use. Further, the effects that he estimates are all of a definite, palpable, empirically ascertainable quality; they are such pleasures and pains as most men feel and all can observe, so that all his political or moral inferences lie open at every point to the test of practical experience. Every one, it would seem, can tell what value he sets on the pleasures of alimentation, sex, the senses generally, wealth, power, curiosity, sympathy, antipathy (malevolence), the goodwill of individuals or of society at large, and on the corresponding pains, as well as the pains of labour and organic disorders;[42] and can guess the rate at which they are valued by others; therefore if it be once granted that all actions are determined by pleasures and pains, and are to be tried by the same standard, the art of legislation and private conduct is apparently placed on an empirical, basis. Bentham, no doubt, seems to go beyond the limits of experience proper in recognizing "religious" pains and pleasures in his fourfold division of sanctions, side by side with the "physical," "political," and "moral" or "social"; but the truth is that he does not seriously take account of them, except in so far as religious hopes and fears are motives actually operating, which therefore admit of being observed and measured as much as any other motives. He does not himself use the will of an omnipotent and benevolent being as a means of logically connecting individual and general happiness. He thus undoubtedly simplifies his system, and avoids the doubtful inferences from nature and Scripture in which Paley's position is involved; but this gain is dearly purchased. For in answer to the question that immediately arises, How then are the sanctions of the moral rules which it will most conduce to the general happiness for men to observe, shown to be always adequate in the case of all the individuals whose observance is required? he is obliged to admit that "the only interests which a man is at all times sure to find adequate motives for consulting are his own." Indeed, in many parts of his work, in the department of legislative and constitutional theory, it is rather assumed that the interests of some men will continually conflict with those of their fellows, unless we alter the balance of prudential calculation by a readjustment of penalties. But on this assumption a system of private conduct on utilitarian principles cannot be constructed until legislative and constitutional reform has been perfected. And, in fact, "private ethics," as conceived by Bentham, does not exactly expound such a system; but rather exhibits the coincidence, _so far as it extends_, between private and general happiness, in that part of each man's conduct that lies beyond the range of useful legislation. It was not his place, as a practical philanthropist, to dwell on the defects in this coincidence;[43] and since what men generally expect from a moralist is a completely reasoned account of what they ought to do, it is not surprising that some of Bentham's disciples should have either ignored or endeavoured to supply the gap in his system. One section of the school even maintained it to be a cardinal doctrine of utilitarianism that a man always gains his own greatest happiness by promoting that of others; another section, represented by John Austin, apparently returned to Paley's position, and treated utilitarian morality[44] as a code of divine legislation; others, with Grote, are content to abate the severity of the claims made by "general happiness" on the individual, and to consider utilitarian duty as practically limited by reciprocity; while on the opposite side an unqualified subordination of private to general happiness was advocated by J.S. Mill, who did more than any other member of the school to spread and popularize utilitarianism in ethics and politics. Entry: A
AUGUSTINIAN CANONS, a religious order in the Roman Catholic Church, called also Austin Canons, Canons Regular, and in England Black Canons, because their cassock and mantle were black, though they wore a white surplice: elsewhere the colour of the habit varied considerably. Entry: AUGUSTINIAN
FALK, JOHANN DANIEL (1768-1826), German author and philanthropist, was born at Danzig on the 28th of October 1768, After attending the gymnasium of his native town, he entered the university of Halle with the view of studying theology, but preferring a non-professional life, gave up his theological studies and went to live at Weimar. There he published a volume of satires which procured him the notice and friendship of Wieland, and admission into literary circles. After the battle of Jena, Falk, on the recommendation of Wieland, was appointed to a civil post under the French official authorities and rendered his townsmen such good service that the duke of Weimar created him a counsellor of legation. In 1813 he established a society for friends in necessity (_Gesellschaft der Freunde in der Not_), and about the same time founded an institute for the care and education of neglected and orphan children, which, in 1820, was taken over by the state and still exists as the _Falksches Institut_. The first literary efforts of Falk took the form chiefly of satirical poetry, and gave promise of greater future excellence than was ever completely fulfilled; his later pieces, directed more against individuals than the general vices and defects of society, gradually degenerated in quality. In 1806 Falk founded a critical journal under the title of _Elysium und Tartarus_. He also contributed largely to contemporary journals. He enjoyed the acquaintance and intimate friendship of Goethe, and his account of their intercourse was posthumously published under the title _Goethe aus näherem persönlichen Umgange dargestellt_ (1832) (English by S. Austin). Falk died on the 14th of February 1826. Entry: FALK