The Works of the Right Honourable Edmund Burke, Vol. 01 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 01 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Ask of politicians the end for which laws were originally designed; and
they will answer, that the laws were designed as a protection for the
poor and weak, against the oppression of the rich and powerful. But
surely no pretence can be so ridiculous; a man might as well tell me he
has taken off my load, because he has changed the burden. If the poor
man is not able to support his suit, according to the vexatious and
expensive manner established in civilized countries, has not the rich as
great an advantage over him as the strong has over the weak in a state
of nature? But we will not place the state of nature, which is the reign
of God, in competition with political society, which is the absurd
usurpation of man. In a state of nature, it is true that a man of
superior force may beat or rob me; but then it is true, that I am at
full liberty to defend myself, or make reprisal by surprise or by
cunning, or by any other way in which I may be superior to him. But in
political society, a rich man may rob me in another way. I cannot defend
myself; for money is the only weapon with which we are allowed to fight.
And if I attempt to avenge myself the whole force of that society is
ready to complete my ruin.
A good parson once said, that where mystery begins, religion ends.
Cannot I say, as truly at least, of human laws, that where mystery
begins, justice ends? It is hard to say, whether the doctors of law or
divinity have made the greater advances in the lucrative business of
mystery. The lawyers, as well as the theologians, have erected another
reason besides natural reason; and the result has been, another justice
besides natural justice. They have so bewildered the world and
themselves in unmeaning forms and ceremonies, and so perplexed the
plainest matters with metaphysical jargon, that it carries the highest
danger to a man out of that profession, to make the least step without
their advice and assistance. Thus, by confining to themselves the
knowledge of the foundation of all men's lives and properties, they have
reduced all mankind into the most abject and servile dependence. We are
tenants at the will of these gentlemen for everything; and a
metaphysical quibble is to decide whether the greatest villain breathing
shall meet his deserts, or escape with impunity, or whether the best man
in the society shall not be reduced to the lowest and most despicable
condition it affords. In a word, my lord, the injustice, delay,
puerility, false refinement, and affected mystery of the law are such,
that many who live under it come to admire and envy the expedition,
simplicity, and equality of arbitrary judgments. I need insist the less
on this article to your lordship, as you have frequently lamented the
miseries derived to us from artificial law, and your candor is the more
to be admired and applauded in this, as your lordship's noble house has
derived its wealth and its honors from that profession.
Public-domain text, read in full here on John Shaqi.
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