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The moment juries or judges go beyond their functions, and take upon themselves to lay down the law or find the facts, not according to the law as it is, but according to the law as they think it ought to be, then the certainty of the law is at an end; there is nothing to rely upon; we are left to the infinite variety and uncertainty of human opinion; to caprice which may at any moment influence the best of us, to feelings and prejudices, perhaps excellent in themselves, but which may distort or disturb our judgment, and distract our minds from the single simple operation of ascertaining whether the facts proved bring the case within the law as we are bound to take it.

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Law grows, and though the principles of law remain unchanged, yet (and it is one of the advantages of the common law) their application is to be changed with the changing circumstances of the times. Some persons may call this retrogression, I call it progression of human opinion.

To me the entire uselessness of such rules^as practical guides lies in the inherent vagueness of the word "reasonable," the absolute impossibility of finding a definite standard, to be expressed in language, for the fairness and the reason of mankind, even of Judges. The reason and fairness of one man is manifestly no rule for the reason and fairness of another, and it is an awkward, but as far as I see, an inevitable consequence of the rule, that in every case where the decision of a Judge is overruled, who does or does not stop a case on the ground that there is, or is not, reasonable evidence for reasonable |men, those who overrule him say, by implication, that in the case before them, the Judge who is overruled is out of the pale of reasonable men.

It is no longer true in the sense in which it was true when these dicta were uttered, that " Christianity is part of the law of the land." Nonconformists and Jews were then under penal laws, and were hardly allowed civil rights. But now, so far as I know the law, a Jew might be Lord Chancellor. Certainly he might be Master of the Rolls, and the great Judge whose loss we have all had to deplore2 might have had to try such a case, and if the view of the law supposed be correct, he would have had to tell the jury, perhaps partly composed of Jews, that it was blasphemy to deny that Jesus Christ was the Messiah, which he himself did deny, and which Parliament has allowed him to deny, and which it was part of " the law of the land " that he might, deny.