Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
The _Judicial_ is the remaining great division of administration. In
this the Laws are explained and applied. No law is, by this department,
ever made. It has no such function. None the less, it really makes new
laws, and unmakes the Statute Law (that is, the Law enacted by the
great Council of Law-makers) just as it pleases. In fact the chief
business of this department is to _unmake_ the Laws, and the chief
business of the Council is to make _them over_ again. And between
the two, of the making of Law there is no end, nor any possible
understanding. Were not the Barbarian body and mind very tough, they
would infallibly perish beneath the weight of this inscrutable and
ponderous contrivance. No one is benefited by it, but the innumerable
officers who manage it, and the Lawyers, who fatten upon the fees
[tin-tin] which it wrings from all the unfortunates who have to attend
upon it. These Lawyers form a special and very exclusive Caste; often
at dispute among themselves upon points of personal concern, and as
to the emoluments and offices which appertain to the Caste, but
always united (and so-called _Brothers_) as to everything outside,
by which they can more effectually conceal and mystify the nature of
their order, and the more adroitly plunder the uninitiated. This is
the Caste which opposes every inquiry into abuses and every attempt
to reform the administration; which shouts the loudest praises to the
Superstition, puts in force all the terrors of the Caste and of the
Law (as by them expounded) to destroy any one who does not adore the
_glorious_ event, and declare the Constitution and the Laws, the Crown
and the Altar (meaning the Superstition), the most perfect of all
human wisdom--indeed, _Divine_. I have explained the Glorious event.
To the Lawyer-Caste glorious in fees and means of plunder; in abuses
which, had the reforms introduced before that event been perfected,
would have been swept away; reforms which that event postponed, and
the subsequent wars and civil dissensions made not only impossible,
but still more difficult in the future. In another place I propose to
refer to this department--the _Judicial_--when speaking of _the Courts
of_ JUSTICE wherein the Laws are expounded and applied: because, as
in these the daily course of the life of a people may be studied, I
wish to look curiously into them. It will be readily seen, however,
that for a stranger to find, beneath the thick and manifold wrappings
and ponderous obscurities of the Lawyer-Caste, where _Justice lies
smothered_, is no easy task.
Public-domain text, read in full here on John Shaqi.
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