George Orwell Essays on Literature and Language
James May - Essays - Art, Literature and Politics
There is no theory, religious or political, which cannot be freely promulgated in the constitutional states of Europe, or which does not penetrate into the others; for there is no country in Europe so completely subjected to one power, that he who wishes to speak the truth may not find a support sufficient to protect him against the consequences of his independence. If he has the misfortune to live under an absolute monarchy, he often has the people with him; if he inhabits a free country, he can, in case of need, shelter himself under the royal authority. The aristocratic fraction of society sustains him in the democratic countries, and the democracy in the others. But in a democracy organized like that of the United States, there exists only one power, one single source of influence and success, and nothing beyond its limits.
Essays On Politics And Literature PDF Download
If the judge could only attack the legislator openly and directly, he would sometimes be afraid to oppose any resistance to his will; and at other moments party spirit might encourage him to brave it at every turn. The laws would consequently be attacked when the power from which they emanate is weak, and obeyed when it is strong. That is to say, when it would be useful to respect them, they would be contested; and when it would be easy to convert them into an instrument of oppression, they would be respected. But the American judge is brought into the political arena independently of his own will. He only judges the law because he is obliged to judge a case. The political question which he is called upon to resolve is connected with the interest of the parties, and he cannot refuse to decide it without being guilty of a denial of justice. He performs his functions as a citizen by fulfilling the precise duties which belong to his profession as a magistrate. It is true that upon this system the judicial censorship which is exercised by the courts of justice over the acts of the legislature cannot extend to all laws indefinitely, inasmuch as some of them can never give rise to that formal species of contestation which is termed a lawsuit; and even when such a contestation is possible, it may happen that no one is inclined to carry it into a court of justice.