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But, it appears that ancient manners were more unfavourable than the modern, not only in times of war, but also in those of peace; and that too in every respect, except the love of civil liberty and of equality, which is, I own, of considerable importance. To exclude faction from a free government, is very difficult, if not altogether impracticable; but such inveterate rage between the factions, and such bloody maxims, are found, in modern times amongst religious parties alone. In ancient history, we may always observe, where one party prevailed, whether the nobles or people (for I can observe no difference in this respect) that they immediately butchered all of the opposite party who fell into their hands, and banished such as had been so fortunate as to escape their fury. No form of process, no law, no trial, no pardon. A fourth, a third, perhaps near half of the city was slaughtered, or expelled, every revolution; and the exiles always joined foreign enemies, and did all the mischief possible to their fellow-citizens; till fortune put it in their power to take full revenge by a new revolution. And as these were frequent in such violent governments, the disorder, diffidence, jealousy, enmity, which must prevail, are not easy for us to imagine in this age of the world.

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In all controversies, we find, without regarding the truth or falshood on either side, that those who defend the established and popular opinions, are always the most dogmatical and imperious in their stile: while their adversaries affect almost extraordinary gentleness and moderation, in order to soften, as much as possible, any prejudices that may lye against them. Consider the behavior of our of all denominations, whether they be such as decry all revelation, or only oppose the exorbitant power of the clergy; Compare their moderation and good manners with the furious zeal and scurrility of their adversaries, and you will be convinced of the truth of my observation. A like difference may be observed in the conduct of those French writers, who maintained the controversy with regard to ancient and modern learning. Monsieur and Madame l’Abbé de who defended the party of the ancients, mixed their reasonings with satire and invective; while Fontenelle, la Motte, Charpentier, and even Perrault, never transgressed the bounds of moderation and good breeding; though provoked by the most injurious treatment of their adversaries.

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To prove the first point, we need but consider the effects of refinement both on and on life. Human happiness, according to the most received notions, seems to consist in three ingredients; action, pleasure, and indolence: And though these ingredients ought to be mixed in different proportions, according to the particular disposition of the person; yet no one ingredient can be entirely wanting, without destroying, in some measure, the relish of the whole composition. Indolence or repose, indeed, seems not of itself to contribute much to our enjoyment; but, like sleep, is requisite as an indulgence to the weakness of human nature, which cannot support an uninterrupted course of business or pleasure. That quick march of the spirits, which takes a man from himself, and chiefly gives satisfaction, does in the end exhaust the mind, and requires some intervals of repose, which, though agreeable for a moment, yet, if prolonged, beget a languor and lethargy, that destroys all enjoyment. Education, custom, and example, have a mighty influence in turning the mind to any of these pursuits; and it must be owned, that, where they promote a relish for action and pleasure, they are so far favourable to human happiness. In times when industry and the arts flourish, men are kept in perpetual occupation, and enjoy, as their reward, the occupation itself, as well as those pleasures which are the fruit of their labour. The mind acquires new vigour; enlarges its powers and faculties; and by an assiduity in honest industry, both satisfies its natural appetites, and prevents the growth of unnatural ones, which commonly spring up, when nourished by ease and idleness. Banish those arts from society, you deprive men both of action and of pleasure; and leaving nothing but indolence in their place, you even destroy the relish of indolence, which never is agreeable, but when it succeeds to labour, and the spirits, exhausted by too much application and fatigue.

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The easy-to-use online Personal Study Plan is your daily to-do list during the BARBRI Bar Review course. It continually monitors your progress and automatically recommends assignments aligned to your unique areas of need. Video lectures, outlines, practice questions and workshops build over time to create a highly effective structure of bar prep. Frequent progress assessments help you to study smarter, not harder. Your Personal Study Plan analyzes more than 1,000 points of data collected from your assignments, grades, practice exams and practice essays. This helps you hone in and improve on areas of law that need the most attention. You spend your study time where it will yield the best results.