The High Court of Parliament and Its Supremacy

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Excerpt from The High Court of Parliament and Its Supremacy: An Historical Essay on the Boundaries Between Legislation and Adjudication in EnglandIn my treatment of this subject I have tried to keep within the limits I set for myself at the begin ning. Though I have argued against historical views which seemed insufficiently supported by evidence, I have done so without considering the bearing of those arguments upon controverted questions of to-day. Our legal institutions, in'common with our other institu tions, may be looked at in two ways. Even men's high est religious beliefs and aspirations may in all proba bility be rightly traced back to instincts which are so elemental and low that they are shared by animals far down in the scale of life. By demonstrating this humble origin, and the gradual development out of it, some scientists have supposed that they were dispos ing of the claims of religion upon the attention of men. They have assumed that a judgement - to use Pro fessor William J ames's expression - which is purely existential has validity also as a proposition of value. Thus to mistake the history of an institution for its rational justification seems to me a confusion of the worst sort.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.