Jarisdiction.

bands was Huygens who published an account of them in 1659, with his discovery of similar bands on Mars, and of the rings of Saturn. Cassini afterwards made extended observations upon these bands, and also upon matters relating to the planet. There are also certain spots observable upon Jupiter's disk, the first one being discovered by Hooke in 1664, and which he observed to travel from e. to w. in the course of two hours over a space about equal to half the diameter of the planet. Cassini afterwards, at the Paris observatory, assigned a nearly correct rate of motion, by which he was enabled to determine very nearly the diurnal rotation of the planet, 9h. 56m. Airy, late astronomer royal of England, made an estimate of 9h. 55m. 25s., and Maedler another, which is regarded as the most correct, partly because of the number of observations which were made a basis of calculation. His estimate is 9h. 55m. 26.6s. The observations of Cassini, subsequent to 1666, indicated that the spots, besides rotating with the planet, have a certain degree of motion on its surface, and the elder Herschel established the correctness of these observations. These spots have at times been regarded as being permanent, and the one discovered by Hooke has sometimes been called the "old spot"; but they are now regarded as changeable and the effect of cyclonic disturbances in a deep atmosphere, or beneath it, and as having somewhat the nature of sun spots; and the phenomena of the belts are also thought to be connected with causes resembling those in the solar atmosphere, or gaseous envelope.

The inclination of Jupiter's equator to the ecliptic is 3° 5' 30", which would fix the changes of the seasons within narrow limits, were the planet existing under other circumstances resembling those of the earth; but as the temperature of Jupiter is above redness (how far above is not known), the sun's rays, at its immense distance-five and a half times that of the earth, can hardly be taken as an element of its surface heat. Jupiter has four satellites or moons. The first moon has a mass compared to that of the planet of .0000173281, and revolves in an orbit having no sensible eccentricity at a mean distance of 6.04853 times the planet's equatorial radius, in 1d. 18h. 28m., earth time. The second moon has a mass compared to that of the planet of .0000232355, and revolves in a similarly non-eccentric orbit at a mean distance of 9.62347 times the planet's equatorial radius, in 3d. 13h. 14m., earth time. The third moon's mass is comparatively.0000884972; it revolves in an orbit of small but variable eccentricity at a mean distance of 15.35024 times the planet's equatorial radius, in 7d. 3h. 43m., earth time. The fourth moon's mass has a comparative value of .0000426591, revolving in an orbit of greater eccentricity than the third, at a mean distance of 26.9983591 times the planet's equatorial radius, in 16d. 16h. 32m., earth time. From the micrometric observations of Struve at the Dorpat observatory, the following are the estimated diameters of these satellites. In the order above given, first, 2,429 m.; second, 2,180; third, 3,561; and the fourth, 3.046. Their densities must, therefore, differ, the second having nearly double the density of the first, and considerably more than that of the third. Indeed, the density of the first satellite is only about one fifth of that of the earth, and less than one fifth more than water. The density of the second is only about two and one-fifth times that of water, but they all have a density greater than that of the planet, which is a little less than one-fourth of that of the earth. On account of the slight inclination of Jupiter's equator to the ecliptic, and the fact that the planes of the satellites' orbits vary but little from the plane of the equator, all of them except the first (which sometimes escapes), suffer an eclipse at every revolution. The mean duration of the eclipses are respectively 21, 24, 31, and 4 hours. The eclipses of Jupiter's satellites have an interesting reference to the subject of the velocity of light, which was first estimated by means of observations on these occultations by the Danish astronomer Roemer (q. v.).

JUPITER. See PLANETS; SOLAR SYSTEM.
JUPITER AMMON. See AMMON, ante.

JUPITER SERA PIS, TEMPLE OF. The ruins of this temple at Puzzuoli, near Naples, afford a remarkable instance of the changes which have taken and are taking place on the relative position of the land and water on the earth. Only three of the original forty-six pillars exist. They rise out of the water, the pavement of the temple being at present submerged; but they bear evidence that they have been at one time submerged to half their height, which is 42 ft. The base of the pillars as high as 12 ft. is quite smooth: for the next 9 ft. they are penetrated by a boring shell, which is still active in the neighboring rocks. The water must have covered this portion of the pillars, and while the mollusks were busy, the lower 12 ft. must have been protected from their ravages by being buried in mud. The changes of level have been so gradual that the pillars have not been moved from their original position.

JUPON, or JUST-AU-CORPS, a surcoat. The name jupon is chiefly applied to the short, tight form of that military garment in use in the 14th century.

JU RA, a range of mountains, of a peculiar limestone formation, known as the Jura limestone, extending from the angle formed by the Rhone and the Ain, in a northeasterly direction (with a gradually declining elevation), for more than 450 m., to the upper part of the course of the Maine. The Rhine, breaking through it between Schaff hausen and Basel, divides it into two parts, the Swiss or French, and the German Jura. The loftiest peaks are Reculet de Toiry, Grand Colombier, Credoz, Dôle (which com

Jurisdiction.

mands a splendid view of Mont Blanc), and Mont d'Or, all of which are between 5,000 and 6,000 ft. in height. The Swiss Jura consists of a number of parallel chains with long deep valleys between, and over it roads have been carried with great difficulty; but the German Jura is more broken up by cross valleys. In both parts of the range are numerous caves, which abound in magnificent stalactites, and in the bones of extinct animals; whilst in the Swiss Jura there are several instances of rivers of considcrable size sinking into the ground, and reappearing after some distance, as the Orbe, the Doubs, and the Creuse. The southern part of the range lies partly within the French department of Jura, to which it gives its name. Magnificent pine-forests are here a characteristic feature of the scenery.

JURA, one of the Inner Hebrides, lying off the coast of the mainland of Argyle, and having the island of Islay on the s.w. It is 27 m. long, and about 5 m. in average breadth. A ridge of bleak and rugged mountains traverses the whole length of the island, and rises in the Paps of Jura, in the s., to an elevation of 2,566 feet. The w. coast is deeply indented by loch Tarbert, which nearly divides the island in two. The western shores are savage and rugged; the eastern are pleasing in appearance, presenting green slopes and a belt of plain. At the northern extremity of Jura, and between it and Scarba, is the whirlpool of Corrievrekin (q.v.). About 600 acres are under cultiva tion. Oats, barley, potatoes, and flax are produced; and black cattle are reared for export. Pop. '71, 761.

JURA, a frontier department in the e. of France, is bounded on the s. by the department of Ain, and on the e. by Switzerland. Area, 1920 sq.m., of which upwards of one-third is under cultivation, and about one-fourth in wood. Pop. '76, 288,823. Of its surface, two-thirds are covered by the Jura mountains; the remainder is a low plain about 7 m. wide, skirting the western border. Chief rivers-the Ain, the Doubs, and the Loue. The soil on the mountains is thin and stony, but yields abundant grass, upon which great numbers of horses and cattle are fed from June to Oct.; on the plain the soil is rich, and grain-crops are produced in great abundance and variety. The wines of Arbois, of Poligny, of Etoile, and of Salins, have some reputation; 9,000,000 gallons of wine are produced annually. The mineral wealth of the department is considerable; the working of iron is one of the chief branches of manufacturing industry. Cheese is extensively made, and there is a good trade in timber. The department is divided into the four arrondissements, Lons-le-Saulnier, Poligny, Sainte-Claude, and Dôle. Capital, Lons-le-Saulnier.

JURAS'SIC GROUP, the name given by continental geologists to the oolitic series, because the chain of the Jura mountains, on the n. w. of Switzerland, is composed of these rocks. See OOLITE.

JURE DIVINO, a phrase denoting by divine right, and used in reference to the authority of civil government or of the Christian ministry, or other office or power. Those who hold the jure divino view of the ministry, claim that bishops are by divine right the head of the church, and invested with its government; that they are the successors of the apostles, and, as such, inherit apostolic authority; that through them alone as the medium, the Holy Spirit is transmitted to the church. Those prelatists who oppose the jure divino view, while they regard the episcopal form of government as in accordance with the will of God and preferable to all others, yet find no reason for this exclusive claim, and believe that non-episcopal ministrations, though irregular, are yet valid. They rest the claims for the ministry not on an unbroken succession, but on the basis of the divinely sanctioned institution of a Christian church, for which a ministry is needed and therefore appointed. The question as to the divine right of kings and civil magistrates has not now its ancient importance. It seems usual to concede theoretically the divine authority of a government actually existing, but to demand that, in the long run of events, it shall authenticate its sacred origin and right by justice; and a persistent failure in this regard is held to indicate its lapse from divine authority whereupon it is conceived there is in the people a divine right to establish a government which shall be just.

JURIEU, PIERRE, 1637-1713; b. France; the son of a Protestant minister in Blois, and the successor of his father in that office, is chiefly remembered as a bitter and rancorous controversialist. His zeal, and the self-assertion which marked the expression of his views, led him into wordy battles with theologians so prominent as Bayle, Basnage, Grotius, and Bossuet, which were conducted with the greatest acrimony on all sides. He was a voluminous writer, but his published works are now esteemed as little more than curiosities of the period in which he lived. Besides his controversial writings he was the author of A Treatise on Devotion; Defense of the Morality of the Reformed Church; and A History of the Doctrines and Worship of the Jews. He possessed great learning, and filled the positions of professor of theology and the Hebrew language at Sedan, and that of professor of theology at Rotterdam, where he died.

JURISDICTION, in law, means the authority which a court or judge has to entertain a particular.case and decide it. The general rule is that if a court which has no jurisdiction to decide a particular case does decide it, the judgment is a mere nullity. Many nice questions often arise on the question of jurisdiction, which are too intricate

Jurisprudence.

to be here stated. When the objection is taken to the jurisdiction in England it is generally called a plea to the jurisdiction. In Scotland it is included among what are called preliminary pleas.

JURISDICTION (ante) is divided into original, that possessed by a tribunal over causes which come primarily before it; appellate, upon causes appealed from a lower court; exclusive, possessed by one tribunal only; concurrent, by several tribunals over the same cause; civil, over civil causes; criminal, over criminal causes; assistant, by a court of equity to assist a court of law, etc. A court enforces its jurisdiction by acting upon the person or property of parties within the limits to which its jurisdiction is confined. See CONFLICT OF LAWS.

JURISPRU ́DENCE is the science of law, which professes to discuss the principles on which legal rights should be protected and enforced; or it may be called the philosophy of law. This subject has been less cultivated in England than in continental countries, or even in Scotland; for in England the habits of the people and also of their lawyers are too practical to admit of spending time in discussing elementary principles which are more or less vague and speculative. In its literal sense the term means merely knowledge of the law, and seems to have been so used in the Roman law, from which it has been borrowed. The word is often used in a popular sense in this country as synonymous with law, and it is also so used in France; but it is also and more correctly used in contradistinction to law, as implying the system or supposed methodical scheme embracing the principles on which positive law is founded. A distinction is sometimes made between general jurisprudence, which investigates the principles common to various systems of positive law, divesting these of their local, partial, and other accidental peculiarities; and particular jurisprudence, which confines itself to the particular laws of England, or France, or Scotland, as an independent system taken by itself. Jurisprudence thus embraces a wide range, as treating of all those duties which are enforced between man and man; and yet it may be safely said that lawyers, though dealing with the results of the science every day of their lives, seldom give any attention to the latent and general principles on which these results are founded. The only writers who have devoted their attention to this speculative side of the law in this country are Bentham, whose various works abound with these discussions, and Mr. Austin, whose Province of Jurisprudence Determined is an acute and masterly work on first principles, to whom may be added John Stuart Mill and Mr. H. S. Maine.

JURISPRUDENCE (ante) is a part of practical philosophy, co-ordinate with ethics, politics, political economy, etc. The term is used in two senses: first, as a body of positive law, regulating the relations of individuals and communities, and enforced by tribunals; which may be called practical jurisprudence. This includes all law, local, national, and international, and the methods and procedure of the tribunals which enforce the law. In its second, but more scientific sense, jurisprudence, which in this connection may be called theoretic or speculative jurisprudence, is an inquiry into the cause of law, an investigation of the principles which have influenced communities, in all times, in the enactment of law. This theoretical jurisprudence is usually defined as the science of law; but it is a science which is far from exact, and in which, till recently, our knowledge had made but little progress since antiquity. The Institutes define it as "the knowledge of things human and divine, and the science of the just and the unjust." Part of this definition was borrowed from the Stoics. The second clause of it, which makes justice the basis and principle of law, was accepted as a competent definition through the middle ages by the continental writers upon the civil law; as also in England, where, though the common law had been growing up, the law-writers were men familiar with the civil and canon law. Grotius returns to the same theory in his division of jurisprudence into divine and human; his human law (jus humanum) he subdivides into voluntary law and necessary law. Adam Smith made some contributions to the study of jurisprudence, and Jeremy Bentham and Austin rendered valuable service in the classification of legal rights and remedies. The principle which they sought to establish as the basis of law was "the greatest good of the greatest number." A theory deemed more promising by some has been put forward by sir Henry Maine, who has treated the subject in the historical method. From the date we possess in regard to early institutions, he concludes that law is a matter of growth, the result of the needs of the community in which it originated. There may be truth in each of these theories; and probably difficulty would be found in compacting the whole truth into any single brief theory.

JURISPRUDENCE, MEDICAL, the application of medical science to legal cases. Its practice dates to a very early period, particularly among the Jews, Greeks, and Romans, the Greek Hippocrates being the highest authority among the latter. It embraces a far greater circle of knowledge and more extended research in almost all directions than any other branch of human knowledge. The medical expert should not only be well grounded in what is strictly termed medical science, but he should have a fair knowledge of chemistry, to be able to appreciate the bearing of the work of the chemical expert upon the case, and he is called upon to decide many questions of mechanics and other branches of physics. A fair understanding of the principles of criminal law must also be considered proper adjuncts to his strictly medical knowledge. On account of the

407

Jurisprudence.

At this

great extent of the subject. a few names onlywill be mentioned of the most distinguished As a science it is of comparatively modern date, having promoters of legal medicine. made little systematic progress until several centuries after the completion of the Justinian code, or until some knowledge of human physiology had become general in the medical profession. The code of Charles V. ordered that in all doubtful cases of suspected infanticide, homicide, and other cases of death by violence, there should be Ambroise Paré (1517-90) published a treatise upon tardy reference to physicians. births, and Fortunatus Fidelis published in 1602 all that was then known in regard to medicine in all its branches. About 20 years afterwards Paulus Bacchias began the publication of his Medico-Legal Questions, which were completed about 1650. date medical jurisprudence may first be considered as meriting the name of a science. In 1609 Henry IV. of France ordered by a patent the appointment of two surgeons. in every town of sufficient importance, to make examinations in medico-legal cases. The In 1722 application of the hydrostatic test of Galen (2d c.) had already been revived by Harvey, and was afterwards discussed by Bartholin, Schreyer, Bolin, and others. Valentine published his celebrated Medico-Legal Pandects, and Albertini between 1125 and 1747 published his great work, entitled System of Medical Jurisprudence, which was followed by Tischmeyer's Institutes of Legal or Forensic Medicine, which was used by Haller as the basis of his celebrated lectures. Passing over several names of importance, we come to that of Antoine Louis (1723-92), who greatly advanced the science by dissertations and opinions given in the courts, afterwards collected under the title Causes Célèbres, In the latter part of the 18th c. Fodéré published his celebrated work on legal medicine and public hygiene, an exhaustive treatise upon the science; and about the same time Dr. Parr published in England his Elements of Medical Juris prudence, which was, however, little more than a compilation from continental authorities. In 1813 Foderé published a revised edition of his original work, and about the same time Orfila published his great work on general toxicology, the most erudite and useful which had yet appeared, followed by his Leçons de Médecine Légale. Then followed the works of Devergic, Capuron, Esquirol, and Marc, and the establishment of the Annales d' Hygiene publique et de Médecine Légale in 1829, which to this time has been the repository of the most celebrated medico-legal cases. In Germany contemporary labors of great merit were also performed. The names of more recent authors would fill much space. For the trial of legal cases involving the investigation of medical questions there is required a degree of skill and learning on the part of the lawyer as well as of the judge, and of intelligence on the part of the jury, not demanded in ordinary civil or criminal cases. Every medical expert has witnessed the mismanagement and loss of numbers of cases through want of comprehension on the part, frequently of lawyers, and sometimes of judges and juries. If the lawyer have the knowledge of his particular case well settled in his mind by a course of careful examination and consultation with his medical counsel, and his case be a good one, he will generally be able to make it clear to both judge and jury; and alas! if the case be a bad one, he will be likely to carry it if the opposing counsel be unable to comprehend it. Upon a consideration of the innumerable accidents often involving injuries of an occult nature and occurring under an endless variety of circumstances, and of the various kinds of homicides by all kinds of weapons and by poison; of injuries from violent assaults not resulting in death; and of the variety of cases of mental alienation, it is obvious that the sphere of investigation of the medico-legal expert is vast, and that it will often require the joint labors of several persons. In cases of homicide a question as to whether a certain instrument found near the scene of the tragedy is capable of making the wound found Or it may be disputed whether the wound upon the body is extremely likely to arise. was the cause of death, it having, perhaps, been made after the death, which had resulted from poisoning or drowning or suffocation. Many circumstances, if carefully observed, may shift the weight of evidence from one side to another, and the greatest caution is required in guiding the search to a sound conclusion. In cases of suspected infanticide there is often required the profoundest knowledge of physiology and pathology. A witness may testify to having heard a cry, or to having observed certain signs of life; but it may be within the power of a physician to expose the falsity of such testimony by showing the physical impossibility of its being true, on well-demonstrated physiological principles. A proper examination of the lungs, made with due circumspection, precluding the possibility of tampering or of mistake, is competent to decide the question in regard to respiration, but the examination may be performed so careThere are often circumstances under lessly as to vitiate the evidence of the expert. which post-mortem examinations are made which require the most extended observation After a body has been buried a few days, a few weeks, and experimental knowledge. or a few months, certain changes, termed post-mortem, take place, which have been mistakenly ascribed to injuries produced before burial. The utmost care in examination is often required in order that the truth shall be maintained. The medical jurist or expert is often called upon for an opinion in regard to the probable ultimate result of an injury, such, for instance, as has followed a concussion in a railroad car, or a fall of a building. The claimant of damages is producing all the evidence of severe and permanent injury that can possibly be displayed, with how much sincerity it behooves the defense in the suit for damages to sho... The medical examiners on both sides must be

Jury.

men of the keenest perception and of practical and theoretical knowledge, or injustice will be likely to follow, to the unfair advantage of one or the other of the parties.

Charitable institutions are sometimes investigated upon charges of starvation, cruelty, or neglect. Several, or perhaps all, of the children are found in a state of extreme anæmia, and the evidence is very strong that they have been starved. A plea, however, may be put in that from hereditary causes, and previous bad living, their constitutions have been so affected that their present bad condition is the result of this, and not of want of food in the institution. Moreover, an examination of the premises reveals a bad sanitary condition. The ventilation may be found faulty and not remediable by the party accused, or its faults may not have been understood. The soil-pipes may have been defective, and currents of foul air have defiled the healthy currents of life. Prolonged investigation and unbiased judgment is often required for the decision of such cases. Questions concerning the legitimacy of offspring often arise which are so evenly balanced by the learning and research which is brought into the legal arena by the medical experts that it is sometimes scarcely possible for an unprejudiced person to come to a conclusion; but this only shows how great is the importance of precise knowledge. Certain cases of legal medicine which come within the province of professed alienists, or those who make a special study of mental disease, are more or less of an empirical character, and for that reason often require great experience on the part of the expert to enable him to pronounce a well-founded opinion. This part of medical jurisprudence may be regarded as in its infancy, involving, as it does, cases of temporary mental aberration, of the diag nosis of the various kinds of insanity, and the subject of trance, or somnambulism. The medical expert is often required to be an adept in microscopy, as well as a good chemist, in order to be able to make thorough examinations of various kinds of stains which sometimes form the principal subjects of his investigations. The condition of blood stains, brought forward as evidence of guilt, may be such as to lead to the detection of fraud. and of the fastening of the evidence of guilt upon a party who had hitherto escaped suspicion, or against whom there was no evidence. The blood of certain classes of animals can be certainly distinguished from that of others. How far the distinction can be made it is unnecessary here to say; but the blood of birds is so different from that of man and other mammals that its detection is one of the easy problems of microscopy. Blood which has collected in cavities from traumatic extravasation, and that which is consequent upon post-mortem change, under certain circumstances is often the cause of much discussion. The condition of the heart and of the lungs under the various circumstances in which death by suffocation may take place, often presents problems to the medical jurist requiring the greatest circumspection and analytical examination. Authorities may sometimes be found to conflict with each other, or by a variation in the statement of facts may be made to seem to do so, and therefore the most original and well-educated professional attainments are often required to enable judge or jury to reach an intelligent conclusion. The differential diagnosis of the various modes of death, the evidence of which may have been left upon the body; the evidence afforded by the post-mortem condition of various organs, as the brain, the kidneys, the liver, the lungs, the spleen, the heart, the stomach, and the intestinal canal; of the eyes, of the nails, and of the surface of the body, must be matters familiar to the medical expert or witness. The chemist, as a legal expert in cases of poisoning, must be familiar with the various tests and methods of examining poisons; but the physician who may be called in the case should have as thorough a knowledge as possible of the therapeutic and toxic effects of different poisons upon the body, and particularly of the post-mortem appearances which they produce. The failure of the chemist may be supplied by the physician, or, if there be reason to suspect error in the analysis, scientific pathology may come to the aid of justice.

Dead persons found beneath the surface of water often present difficult problems for the medical expert. Was the death caused by drowning? What evidence is offered by the condition of the lungs or the stomach? Do they contain water; and if the evidence be conclusive that they were drowned, was the case one of homicide or of suicide? Is there any wound upon the body which would have caused death had drowning formed no part of the cause? It is possible that a homicide may have been committed with a knife or a pistol or other deadly weapon, and if death had taken place before the body was thrown into the water the evidences of drowning would have been absent. Was death produced by strangulation, and, if so, what other circumstances are there capable of connecting some person with the crime? An intelligent professional examination of the case will often lead to the detection of the criminal when all the more common modes of search will be in vain. Poison may be found in the stomach of the person supposed to be drowned, and evidence may be furnished tending to show that the poison had been administered with either a homicidal or a suicidal intent. Whichever way this evidence tends, may be strengthened or weakened, or overthrown by the extent to which the poison has penetrated to the various organs of the body, taken in connection with all the circumstances. A very brief sketch of an actual case will serve to further illustrate the value of the science of medical jurisprudence. A woman was found dead in her bed. A coroner's jury found that her throat was cut almost from ear to ear, severing the principal blood-vessels and the windpipe. An open razor was found lying under her right arm. No extensive examination was made; the case appeared to