As Few Things As Possible

Now, it is of great moment that well-drawn laws should themselves define all the points they possibly can and leave as few as may be to the decision of the judges; and this for several reasons. First, to find one man, or a few men, who are sensible persons and capable of legislating and administering justice is easier than to find a large number. Next, laws are made after long consideration, whereas decisions in the courts are given at short notice, which makes it hard for those who try the case to satisfy the claims of justice and expediency. The weightiest reason of all is that the decision of the lawgiver is not particular but prospective and general, whereas members of the assembly and the jury find it their duty to decide on definite cases brought before them. They will often have allowed themselves to be so much influenced by feelings of friendship or hatred or self-interest that they lose any clear vision of the truth and have their judgement obscured by considerations of personal pleasure or pain. In general, then, the judge should, we say, be allowed to decide as few things as possible. But questions as to whether something has happened or has not happened, will be or will not be, is or is not, must of necessity be left to the judge, since the lawgiver cannot foresee them.

Aristotle, Rhetoric, i. 1.

Curator: Christian Clay Columba Campbell

Christian Clay Columba Campbell is a Roman Catholic of the Anglican Use. As Senior Warden of the Cathedral of the Incarnation (Orlando, FL), he organised the process by which the parish accepted the Apostolic Constitution Anglicanorum coetibus, petitioning to join the Catholic Church. The Anglican Cathedral is now the Church of the Incarnation in the Personal Ordinariate of the Chair of St. Peter. Personal queries should be directed to me at eccentricbliss dot com.

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