Page:Struggle for Law (1915).djvu/150

 recourse to revenge for bloodshed is despised by his own kinsfolk; if he follows what the national feeling seems to demand of him, he perishes by the avenging arm of justice. And thus it is with the duel. The person who declines it when his honor dictates that he should accept it, is disgraced; if he accepts it, he is punished—a situation as painful to the individual as to the judge. In vain do we look for facts analogous to these in the early history of Rome, for the institutions of the state were then in perfect harmony with the national feeling of legal right.