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Anthony Trollope

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One doesn't have an agreement to that effect written down on parchment and sealed; but it is as well understood and ought to be as faithfully kept as any legal contract.
--
Ch. 10

 
Anthony Trollope

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The legal system doesn't work. Or more accurately, it doesn't work for anyone except those with the most resources. Not because the system is corrupt. I don't think our legal system (at the federal level, at least) is at all corrupt. I mean simply because the costs of our legal system are so astonishingly high that justice can practically never be done.

 
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Let but the public mind become once thoroughly corrupt, and all attempts to secure property, liberty or life, by mere force of laws written on parchment, will be as vain as to put up printed notices in an orchard to keep off the canker-worms.

 
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If this statement by Judge Cooley is true, and the authority for it is unimpeachable, then the theory that the Constitution is a written document is a legal fiction. The idea that it can be understood by a study of its language and the history of its past development is equally mythical. It is what the Government and the people who count in public affairs recognize and respect as such, what they think it is. More than this. It is not merely what it has been, or what it is today. It is always becoming something else and those who criticize it and the acts done under it, as well as those who praise, help to make it what it will be tomorrow.

 
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It is always understood as an expression of condemnation when anything in Literature or Art is said to be done for effect; and yet to produce an effect is the aim and end of both.

 
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