But when finally through compromises by both chambers a law, which had threatened to fail due to the resistance, came to a vote, Rotteck voted against the law since it didn't represent a full victory of the law of reason over the unseemliness of the historical law.
22.
These applications of " no-fault V & R " have nothing to do with federalism, but they are appropriate to preserve the operational premise of a multitiered judicial system ( viz ., that lower courts will have the first opportunity to apply the governing law to the facts ) and to avoid the unseemliness of holding judgments to be in error on the basis of law that did not exist when the judgments were rendered below.
23.
Basil of Caesarea ( 329 or 330 379 ) was among the first to talk about penalties, advising in a letter that, " He who is guilty of unseemliness with males will be under discipline for the same time as adulterers . " Taking Basil's lead, Gregory of Nyssa's Canonical Letter to Letoius of Mytilene ( Epist . canonica 4, 390 CE ) also prescribes the same period of penance for adultery and for " craving for the male ".
24.
There are jests which you would be ashamed to make yourself, and yet on the comic stage, or indeed in private, when you hear them, you are greatly amused by them, and are not at all disgusted at their unseemliness; the case of pity is repeated; there is a principle in human nature which is disposed to raise a laugh, and this which you once restrained by reason, because you were afraid of being thought a buffoon, is now let out again; and having stimulated the risible faculty at the theatre, you are betrayed unconsciously to yourself into playing the comic poet at home ."
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