Code Vs. Case, or Some Fundamental Ideas on Jurisprudence and Legal Education Resulting From the War: An Address Made at a Dinner of the Saskatchewan Bar Association Held at Saskatoon, January 3rd, 1919 (Classic Reprint)

Excerpt from Code Vs. Case, or Some Fundamental Ideas on Jurisprudence and Legal Education Resulting From the War: An Address Made at a Dinner of the Saskatchewan Bar Association Held at Saskatoon, January 3rd, 1919

That the issues of this war are fundamentally legal issues every lawyer knows, and every layman should know. But it is one thing to know the 1ssues in an action and quite another and more difficult thing to know how they should be pleaded. Let me try, then, to show you a rough draft of the pleadings.

The Geiman case is based upon the principle that the corporate State is a creation of conquest. Let me attempt a summary of the facts. The State is founded on conquest, the conquest of peaceful, peasant peoples by warlike, nomadic peoples. Thus the nomads of the Persian plains overran the peasant peoples of the Tigris and Euphrates valley, and founded the Mesopotamian Empire, the first great civilized Empire of written history. Thus the nomads of Arabia overran the fertile valley of the Nil' and founded the mighty empire of ancient Egypt. Thus the nomad tribe of Abraham overran the once fertile valley of the Jordan. Even at a later date the Children of Israel had to spend forty years in the wilderness before they were permitted to enter into possession of the Promised Land. Only two, we are told, of the original industrious workers in brick, stone and mortar in the days of the exile in Egypt were allowed to enter. Thus, too, the Saracens overran the peaceful peasant monastic Christian communities of Southern Europe. Thus the Goths, Vandals, Huns and Slavs have been over running all europe from the beginning of history even unto yesterday. Thus even did the Defendants, the Britons, Bedouins of the Sea, by expeditionary forces on sea and land, create the biggest, most power ful and most dominating and arrogant mpire in all history, ancient and modem.

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