right, and no subjective and free opinion; a verdict and not a mere personal fiat. Evil stands the case when it is to be said of a judicial decree as the saying goes in the play of the 'Two Gentlemen of Verona' (Act I, sc. ii):
"'I have no other but a woman's reason; I think him so, because I think him so.'"[1]
Scholars of distinction have argued for a more subjective standard. "We all agree," says Professor Gray,[2] "that many cases should be decided by the courts on notions of right and wrong, and, of course, everyone will agree that a judge is likely to share the notions of right and wrong prevalent in the community in which he lives; but suppose in a case where there is nothing to guide him but notions of right and wrong, that his notions of right and wrong differ from those of the community—which ought he to follow—his own notions, or the notions of the community? Mr. Carter's theory [“Origin and Sources of Law," J. C. Carter] requires him to
