... and Social Centralisation and Uniformity The gathering of the essential powers of administration into the hands of the sovereign is completed when there is unity and uniformity of judicial administration,—especially of the criminal side; for this is intimately connected with the maintenance of order and internal peace. And it is, besides, necessary for the ruler to have the criminal judicial... judicial action of the king or elders in their administrative capacity. Human societies, therefore, in their earlier development retained for a long time an aspect of great complexity in their judicial administration and neither possessed nor felt any need of a uniformity of jurisdiction or of a centralised unity in the source of judicial authority. But as the State idea develops, this unity and uniformity... represents but is appointed and controlled by the society as where it is independent of public control. Uniformity of the law develops on different lines from the unity and uniformity of judicial administration. In its beginnings, law is always customary and where it is freely customary, where, that is to say, it merely expresses the social habits of the people, it must, except in small societies ...
... the twentieth. We sum up this refusal of co-operation in the convenient word "Boycott", refusal of cooperation in the industrial exploitation of our country, in education, in government, in judicial administration, in the details of official intercourse. Necessarily, we have not made that refusal of co-operation complete and uncompromising, but we hold it as a method to be enlarged and pushed farther ...
... seem to be encouraging lawlessness and disorder. Still, if we are to observe the law scrupulously, just or unjust, we must know what the law is, and now that there is a man at the head of judicial administration who knows the law and tries to keep to it, we ought to take advantage of this now unusual circumstance and use every opportunity to fix the legal position of our movement and its methods. ...
... twentieth. We sum up this refusal of co-operation in the convenient word "Boycott", refusal of co-operation in the industrial exploitation of our country, in education, in government, in judicial administration, in the details of official intercourse. Necessarily, we have not made that refusal of co-operation complete and uncompromising, but we hold it as a method to be enlarged and pushed farther ...
... Sufferers 18-June-1907 The bureaucracy which has decided upon coercion as the most effective means of crushing the growing national spirit in India must necessarily turn the machinery of judicial administration also to its advantage. We have observed on previous occasions that a certain portion of the positive laws enacted by the British Government has been designed not so much to secure the rights ...
... semi-mediaeval in its spirit and that its provisions are governed far more by the principle of repressing the spirit of the people than by the principle of protecting the citizen. Moreover, in all judicial administration there are two elements, the letter of the law on one side, a humane and equitable practice on the other. To suspend the latter in favour of the former shows an oppressive and tyrannical spirit ...
... and to indicate the conditions which can alone make co-operation of a real kind possible to the people. The draft resolutions on Councils Reform, local self-government and the improvement of judicial administration have the latter purpose in view. Purely local resolutions we propose to omit. We have restored in our draft the Pabna resolution on the Boycott; we do not see any sufficient reason for departing ...
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