§ i. Appeals to foreign law-courts were first devised among the Greeks through mistrust of one another's justice, for they looked on justice as a necessity not indigenous among them. Is it not on much the same principle that the philosophers, in regard to some of their questions, owing to their variety of opinion, have appealed to the brute creation as to a strange state, and submitted the decision to their instincts and habits as not to be talked over and impartial? Or is it a general charge against human infirmity that, having different opinions on the most necessary and important things, we seek in horses and dogs and birds how to marry and beget and rear children, as though we had no means of making our own nature known, and appeal to the habits and instincts of the brute creation, and call them in to bear witness against the many deviations from nature in our lives, which from the first are confused and disorderly. For among the brutes nature remains ever the same, pure and simple, but in men, owing to reason and habit, like oil in the hands of the perfumers, being mixed up with many added opinions, it becomes various and loses its original simplicity. And let us not wonder that the brutes follow nature more closely than human beings, for in that respect even they are outstripped by inanimate things, which, being dowered neither with imagination nor any appetite or inclination contrary to nature, ever continue in the one path which nature has prescribed for them, as if they were tied and bound. But in brutes the gentleness of mood inspired by reason, the subtlety, the love of freedom, are not qualities found in excess, but they have unreasonable appetites and desires, and act in a roundabout way within certain limits, riding, as it were, at the anchor of nature, and only going straight under bit and
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§ i. Appeals to foreign law-courts were first…
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