[The Writings of Thomas Paine Volume II by Thomas Paine]@TWC D-Link bookThe Writings of Thomas Paine Volume II CHAPTER IV 19/34
The ragged relic and the antiquated precedent, the monk and the monarch, will moulder together. Government by precedent, without any regard to the principle of the precedent, is one of the vilest systems that can be set up.
In numerous instances, the precedent ought to operate as a warning, and not as an example, and requires to be shunned instead of imitated; but instead of this, precedents are taken in the lump, and put at once for constitution and for law. Either the doctrine of precedents is policy to keep a man in a state of ignorance, or it is a practical confession that wisdom degenerates in governments as governments increase in age, and can only hobble along by the stilts and crutches of precedents.
How is it that the same persons who would proudly be thought wiser than their predecessors, appear at the same time only as the ghosts of departed wisdom? How strangely is antiquity treated! To some purposes it is spoken of as the times of darkness and ignorance, and to answer others, it is put for the light of the world. If the doctrine of precedents is to be followed, the expenses of government need not continue the same.
Why pay men extravagantly, who have but little to do? If everything that can happen is already in precedent, legislation is at an end, and precedent, like a dictionary, determines every case.
Either, therefore, government has arrived at its dotage, and requires to be renovated, or all the occasions for exercising its wisdom have occurred. We now see all over Europe, and particularly in England, the curious phenomenon of a nation looking one way, and the government the other--the one forward and the other backward.
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