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.
by fines and imprisonment, and to which the whole commercial and social life of the nation has adjusted itself with all its vast property interests, is brought before the tribunal having final jurisdiction in the matter and coolly declared no law at all.  The pernicious effect may be more easily imagined than related, but those who by loyal obedience to the statute all those years have been injured in property, those who are ruined by its erasure and those who may have suffered the severest penalties for its violation are alike without redress.  It seems not to have occurred to the Tortirrans to require the court to inspect the law and determine its validity before it is put in force.  It is, indeed, the traditional practice of these strange tribunals, when a case is forced upon them, to decide, not as many points of law as they can, but as few as they may; and this dishonest inaction is not only tolerated but commended as the highest wisdom.  The consequence is that only those who make a profession of the law and live by it and find their account in having it as little understood by others as is possible can know which acts and parts of acts are in force and which are not.  The higher courts, too, have arrogated to themselves the power of declaring unconstitutional even parts of the Constitution, frequently annulling most important provisions of the very instrument creating them!

A popular folly in Tortirra is the selection of representatives in the Councils from among that class of men who live by the law, whose sole income is derived from its uncertainties and perplexities.  Obviously, it is to the interest of these men to make laws which shall be uncertain and perplexing—­to confuse and darken legislation as much as they can.  Yet in nearly all the Councils these men are the most influential and active element, and it is not uncommon to find them in a numerical majority.  It is evident that the only check upon their ill-doing lies in the certainty of their disagreement as to the particular kind of confusion which they may think it expedient to create.  Some will wish to accomplish their common object by one kind of verbal ambiguity, some by another; some by laws clearly enough (to them) unconstitutional, others by contradictory statutes, or statutes secretly repealing wholesome ones already existing.  A clear, simple and just code would deprive them of their means of livelihood and compel them to seek some honest employment.

So great are the uncertainties of the law in Tortirra that an eminent judge once confessed to me that it was his conscientious belief that if all cases were decided by the impartial arbitrament of the do-tusis (a process similar to our “throw of the dice”) substantial justice would be done far more frequently than under the present system; and there is reason to believe that in many instances cases at law are so decided—­but only at the close of tedious and costly trials which have impoverished the litigants and correspondingly enriched the lawyers.

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