“Then, when you said that she admitted her guilt, you meant only that
she admitted the accuracy of the statements made by those who complained
against her. You also admit the facts on which your own condemnation is
founded. To that extent you have pleaded guilty also. How can you assert
the authority of your own tribunal over this female, and deny that of
the Dwellers who condemned you?”
“Very easily. She was a female of our nation, and was under the
authority of our laws.”
“Do you contend that she was under the authority of your laws simply
because she was a female of your species, or had she herself consented
to them?”
“It is necessary in any civilised state to assume the assent, or, in any
case, the liability, of individuals to the laws of those among whom they
live, and to impose penalties should they fail to obey them.”
“Let us be clear upon our facts before we argue upon them. She had not
consented?”
“To obtain individual consent to every law is obviously impossible.”
“She had not consented?”
“Not in that way; but she knew that she must obey the laws of the
country in which she lived.”
“That cannot be so, because in fact she refused to do so.”
“She knew that she must submit to the laws of her people, or render
herself liable to the penalties provided.”
“But such knowledge--if she had it--did not imply consent?”
“Not necessarily, but, as I have said, the individual must be
subordinate to the state, or no civilised community could continue.”
“It is not self-evident that every civilised community should continue.
But your contention is clearly not that she consented, but that such
consent is not necessary. By whom were you appointed a judge, and under
what compulsion, if any?”
“I belong to the class from which judges are chosen, after certain tests
have been passed.”
“Would there have been any penalty, had you declined to act in that
capacity?”
“No; but I had no reason to do so. It is regarded as a position of
honour among us.”
“Do you regard all the laws of your country as just and good?”
“They are not perfect, but they are well adapted for the needs of those
for whom they are made, and they are being improved continually.”
“They cannot be very good, or continual improvement would be impossible.
What course do you, or your fellow-judges, take when confronted with a
bad law?”
“It is not our duty to consider whether a law be good or bad, but to
administer it. The responsibility of the law is not on us, but on the
whole nation. Ours is to administer it accurately and impartially.”
“The responsibility for a law cannot be upon a whole nation, unless it
be agreed unanimously. It is upon those who make or support it. This
responsibility must rest in the largest degree upon those who directly
enforce it.”
Public-domain text, read in full here on John Shaqi.
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