The Collected Works of Ambrose Bierce, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 267 pages of information about The Collected Works of Ambrose Bierce, Volume 1.

The Collected Works of Ambrose Bierce, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 267 pages of information about The Collected Works of Ambrose Bierce, Volume 1.
he quotes the previous decision with all the gravity that he would give to an exposition of the law itself; if not, he either ignores it altogether, shows that it is not applicable to the case under consideration (which, as the circumstances are never exactly the same, he can always do), or substitutes a contradictory lantrag and fortifies himself with that.  There is a precedent for any decision that a judge may wish to make, but sometimes he is too indolent to search it out and cite it.  Frequently, when the letter and intent of the law under which an action is brought are plainly hostile to the decision which it pleases him to render, the judge finds it easier to look up an older law, with which it is compatible, and which the later one, he says, does not repeal, and to base his decision on that; and there is a law for everything, just as there is a precedent.  Failing to find, or not caring to look for, either precedent or statute to sustain him, he can readily show that any other decision than the one he has in will would be tokoli impelly; that is to say, contrary to public morals, and this, too, is considered a legitimate consideration, though on another occasion he may say, with public assent and approval, that it is his duty, not to make the law conform to justice, but to expound and enforce it as he finds it.  In short, such is the confusion of the law and the public conscience that the courts of Tortirra do whatever they please, subject only to overruling by higher courts in the exercise of their pleasure; for great as is the number of minor and major tribunals, a case originating in the lowest is never really settled until it has gone through all the intermediate ones and been passed upon by the highest, to which it might just as well have been submitted at first.  The evils of this astonishing system could not be even baldly catalogued in a lifetime.  They are infinite in number and prodigious in magnitude.  To the trained intelligence of the American observer it is incomprehensible how any, even the most barbarous, nation can endure them.

An important function of the Great Court and the Minor Great Court is passing upon the validity of all laws enacted by the Supreme Council and the Subordinate Councils, respectively.  The nation as a whole, as well as each separate island, has a fundamental law called the Trogodal, or, as we should say, the Constitution; and no law whatever that may be passed by the Council is final and determinate until the appropriate court has declared that it conforms to the Trogodal.  Nevertheless every law is put in force the moment it is perfected and before it is submitted to the court.  Indeed, not one in a thousand ever is submitted at all, that depending upon the possibility of some individual objecting to its action upon his personal interests, which few, indeed, can afford to do.  It not infrequently occurs that some law which has for years been rigorously enforced, even

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The Collected Works of Ambrose Bierce, Volume 1 from Project Gutenberg. Public domain.