Trusts and Charities - Essay Example

In making laws, too, not only is there a demand for powers of mind to cope with the disorder and complication of facts, and the abstruseness of reasoning, but there ought to be also a complete mastery of language, that nice and delicate instrument of thought and communication, by the clumsy handling of which so much confusion and uncertainty is yearly produced in legislative enactments. Every word in a law is of importance; every sentence ought to exhibit that perfectness of expression which is to be looked for only from the skill and caution of undistracted minds. Well might Bentham observe, that the words of a law ought to be weighed like diamonds.

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I think throughout the story the narrator (the Lawyer) is the more sympathetic character.

Law: Charitable trusts are trusts created for the public benefit

The struggle between Liberty and Authority is the most conspicuous feature in the portions of history with which we are earliest familiar, particularly in that of Greece, Rome, and England. But in old times this contest was between subjects, or some classes of subjects, and the . By liberty, was meant protection against the tyranny of the political rulers. The rulers were conceived (except in some of the popular governments of Greece) as in a necessarily antagonistic position to the people whom they ruled. They consisted of a governing One, or a governing tribe or caste, who derived their authority from inheritance or conquest, who, at all events, did not hold it at the pleasure of the governed, and whose supremacy men did not venture, perhaps did not desire, to contest, whatever precautions might be taken against its oppressive exercise. Their power was regarded as necessary, but also as highly dangerous; as a weapon which they would attempt to use against their subjects, no less than against external enemies. To prevent the weaker members of the community from being preyed upon by innumerable vultures, it was needful that there should be an animal of prey stronger than the rest, commissioned to keep them down. But as the king of the vultures would be no less bent upon preying on the flock than any of the minor harpies, it was indispensable to be in a perpetual attitude of defence against his beak and claws. The aim, therefore, of patriots was to set limits to the power which the ruler should be suffered to exercise over the community; and this limitation was what they meant by liberty. It was attempted in two ways. First, by obtaining a recognition of certain immunities, called political liberties or rights, which it was to be regarded as a breach of duty in the ruler to infringe, and which, if he did infringe, specific resistance, or general rebellion, was held to be justifiable. A second, and generally a later expedient, was the establishment of constitutional checks, by which the consent of the community, or of a body of some sort, supposed to represent its interests, was made a necessary condition to some of the more important acts of the governing power. To the first of these modes of limitation, the ruling power, in most European countries, was compelled, more or less, to submit. It was not so with the second; and, to attain this, or when already in some degree possessed, to attain it more completely, became everywhere the principal object of the lovers of liberty. And so long as mankind were content to combat one enemy by another, and to be ruled by a master, on condition of being guaranteed more or less efficaciously against his tyranny, they did not carry their aspirations beyond this point.

1601 was used to refer as what would amount to a charity in law.

In the preceding observations I have assumed, as requiring no proof, that the object proposed is in itself desirable; that it would be a public benefit if the Public Service, or all that part of it the duties of which are of an intellectual character, were composed of the most intelligent and instructed persons who could be attracted to it. If there be any who maintain a contrary doctrine, and say that the world is not made only for persons of ability, and that mediocrity also ought to have a share in it; I answer, certainly, but not in managing the affairs of the State. Mediocrity should betake itself to those things in which few besides itself will be imperilled by its deficiences,—to mechanical labour, or the mechanical superintendence of labour, occupations as necessary as any others, and which no person of sense considers disparaging. There will be, assuredly, ample space for the mediocrities, in employments which require only mediocrity, when all who are beyond mediocrity have found the employment in which their talents can be of most use.

It would seem then, that charity as legislated through Welfare is improper according to Aquinas’s view on law.
The lawyer, although an active member of society, alienates himself by forming walls from his own egotistical and materialistic character.

Non charitable purpose trusts essay - Essays on cultures

In view of his previous generous admiration for America, Mill doubtless wished that the evidence was different, but could not escape the compelling force of Tocqueville’s critical picture. Yet, although he accepted most of Tocqueville’s strictures on American institutions, he sometimes tried to moderate and excuse them. In the first part of his work Tocqueville concluded that the American electors were disposed to choose mediocrities rather than able candidates, owing partly to their own limited education and understanding and partly to the insatiable envy that most men had for their superiors. Mill feared that this charge, if true, meant that his own belief in a talented élite to guide and instruct the democracy was unlikely to be justified. He thought he found, however, in the facts furnished by Tocqueville a situation less discouraging than had at first appeared. In critical times able Americans assumed a positive leadership. In ordinary times, unfortunately, the range of public activity was too restricted to attract men of ambition and talent. Mill believed that this situation would eventually improve with the advance of education, general enlightenment, and the social needs of America. He was much less pessimistic than Tocqueville about democracy’s falling under the control of the mediocre.

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The third characteristic of the judicial power is its inability to act until it is appealed to—until a case is brought before it. This characteristic is less universal than the other two: but notwithstanding the exceptions. I think it may be regarded as essential. The judicial power is in its own nature devoid of action, it cannot act without an impulse from without. When a criminal is brought before it to be tried, it will convict and punish him; when called upon to redress a wrong, it is ready to redress it, when an act requires interpretation, it is prepared to interpret it; but it does not pursue criminals hunt out wrongs, or inquire into facts, of its own accord. A judicial functionary who should take the initiative, and erect himself into a censor of the laws, would in some measure do violence to this passive nature of his authority.

Were lawyers seen in this fashion when Charles Dickens was writing his magnificent pieces of literature.

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In the more backward countries of the present time, and in all Europe at no distant date, we see property entirely concentrated in a small number of hands; the remainder of the people being, with few exceptions, either the military retainers and dependents of the possessors of property, or serfs, stripped and tortured at pleasure by one master, and pillaged by a hundred. At no period could it be said that there was literally no middle class—but that class was extremely feeble, both in numbers and in power: while the labouring people, absorbed in manual toil, with difficulty earned, by the utmost excess of exertion, a more or less scanty and always precarious subsistence. The character of this state of society was the utmost excess of poverty and impotence in the masses; the most enormous importance and uncontrollable power of a small number of individuals, each of whom, within his own sphere, knew neither law nor superior.