Nov 16, 2010

The Case of the Speluncean Explorers - Excerpts

HANDY, J. Government is a human affair, and that men are ruled, not by words on paper or by abstract theories, but by other men. They are ruled well when their rulers understand the feelings and conceptions of the masses. They are ruled badly when that understanding is lacking.
Of all branches of the government, the judiciary is the most likely to lose its contact with the common man. The reason for this are, of course fairly obvious. Where the masses react to a situation in terms of a few salient features, we pick into little pieces every situation presented to us. Lawyers are hired by both sides to analyze and dissect. Judges and attorneys vie with one another to see who can discover the greatest number of difficulties and distinctions in a single set of facts. Each side tries to find cases, real or imagined, that will embarrass the demonstrations of the other side. To escape this embarrassment, still further distinctions are invented and imported in to the situation. When a set of facts have been subjected to this kind of treatment for a sufficient time, all the life and juice has gone out of it and we have left a handful of dust.

To read the entire case :-

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