95

VII. THE INTERPRETATION AND ENFORCEMENT OF CONSTITUTIONAL
LIMITATIONS NECESSARILY A FUNCTION OF THE JUDICIARY 110

VIII. AN INDEPENDENT AND IMPARTIAL JUDICIARY ESSENTIAL FOR
JUSTICE 121

IX. THE NECESSITY OF MAINTAINING UNDIMINISHED THE
CONSTITUTIONAL LIMITATIONS AND THE POWER OF THE
COURTS TO ENFORCE THEM.--CONCLUSION 146

CONCERNING JUSTICE

CHAPTER I

THE PROBLEM STATED. THEORIES AS TO THE SOURCE OF JUSTICE. DEFINITIONS
OF JUSTICE

For centuries now much has been written and proclaimed concerning
justice and today the word seems to be more than ever upon the lips of
men, more than ever used, but not always appositely, in arguments for
proposed political action. Hence it may not be inappropriate to the
time and occasion to venture, not answers to, but some observations
upon the questions, what is justice, and how can it be secured. It was
declared by the Roman jurist Ulpian, centuries ago, that students of
law should also be students of justice.

By way of prelude, however, and in the hope of accentuating the main
question and presenting the subject more vividly by comparison and
contrast, I would recall to your minds another and even more
fundamental question asked twenty centuries ago in a judicial
proceeding in distant Judea. It is related that when Jesus, upon his
accusation before Pilate, claimed in defense that he had "come into
the world to bear witness unto the truth," Pilate inquired of him
"What is truth?"; but it is further related that when Pilate "had said
this he went out again unto the Jews." Apparently he did not wait for
an answer. Perhaps he repented of his question as soon as asked and
went out to escape an answer. Men before and since Pilate have sought
to avoid hearing the truth.

Indeed, however grave the question, however essential the answer to
their well-being, there does not seem to be even now on the part of
the multitude an earnest desire for the truth. Their wishes and
emotions cloud their vision and they are reluctant to have those
clouds brushed aside lest the truth thus revealed be harsh and
condemnatory. The truth often causes pain. As said by the Preacher,
"He that increaseth knowledge increaseth sorrow." People generally
give much the greater welcome and heed to him who tells them that
their desires and schemes are righteous and