Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
Nevertheless, despite the danger of more or less arbitrariness, of
more or less oppression of the individual, any government must be made
strong enough perfectly to maintain order and peace among its
subjects. Order is earth's as well as heaven's first law. The goddess
Themis in the early Greek mythology was the goddess of order as well
as the supplier of _themistes_ or decisions. She was present as the
spirit of order in the councils of gods and men. The government that
cannot or will not maintain order and peace, prevent violence and
fraud, enforce individual rights and redress individual wrongs
completely and promptly, is so far a failure and whatever its form
should be reformed or overthrown. Even military despotism is better
than disorder.
On the other hand, there must be taken into account the tendency,
already mentioned, of the possessor of unlimited power over others to
use it for his own benefit or pleasure at the expense of those subject
to his control, where not restrained by affection or like virtues.
Under all governments there has been more or less friction between the
persons governing and those governed; more or less strife, sometimes
culminating in rebellion and even revolution. If it be said that under
a government by the people directly, a pure democracy, such as seems
to be advocated at this day, there would be no distinction between
governors and governed, that all would be governors and governed
alike, the answer is that in a pure democracy the governing power is
and can be exercised by only a part of the people, a majority it may
be, but still only a part. This part are the governors. The other
part, perhaps nearly as numerous, are governed. Friction and even
factious strife would still exist. Indeed, a government by a pure
democracy ruling directly would probably be more arbitrary than any
other, as was the case in Athens. The government by one, or that by a
few, would be restrained to some extent by public opinion, would
refrain from extreme measures lest they excite effectual resistance,
but a majority would feel no such restraint. It would itself
constitute public opinion and it would be less likely to fear
resistance.
It is evident, therefore, that the frame of government should be such
as to secure uniformity in its action so that it shall not act
arbitrarily and unequally on its subjects. I assume that no sane man
would desire to live under any government where the wielders of the
governmental power, one or many, are entirely without legal restraint.
We all desire normally, not only order and peace, but also personal
liberty and equality of rights. The problem, then, is how to order the
frame of government so that it shall be strong enough to protect us
individually as well as collectively, but not left able to oppress us
or any of us. As said by Alexander Hamilton, we "must first enable the
government to control the governed, and in the next place oblige it to
control itself."
Public-domain text, read in full here on John Shaqi.
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