Wednesday, March 31, 2010

Alexander Pope on justice

Once (says an Author; where, I need not say)
Two Trav’lers found an Oyster in their way;
Both fierce, both hungry; the dispute grew strong,
While Scale in hand Dame Justice pass’d along.
Before her each with clamour pleads the Laws.
Explain’d the matter, and would win the cause,
Dame Justice weighing long the doubtful Right,
Takes, open, swallows it, before their sight.
The cause of strife removed so rarely well,
“There take” (says Justice), “take ye each a shell.
We thrive at Westminster on Fools like you:
’Twas a fat oyster—live in peace—Adieu.”
Pope—Verbatim from Boileau.

This, perhaps, is the concern of most people, who, having a beef with another, are afraid to hire an attorney to represent them, lest they lose all they seek to their counsel.

I have a friend who was injured in playing a game he enjoyed. After his injury he was taken to a hospital nearby and the physicians operated on him in order to correct the damage he had suffered. Afterward, he continued to play and further exacerbated the damage he already had. As a result, he was permanently marred with an injury which remains today as a reminder of his youthful participation in games. I assume he is unable to participate in games these days for his desire to continue playing games in his youth. Thusly, his desire to play games, to his peril, took away his ability to play games. At least the ultimate result was ironic.

Whose fault is this? Like the hungry travelers, we cannot resolve the dispute ourselves, and in our anger, we continue the dispute in such a way which prevents our future attempts to continue the argument. It is perhaps easy to blame the law. However, it is justice that, given a situation in which both disputants sought the whole, neither got any of it to the detriment of the other. Equally, they both received an equal share of the dross: she shell. That was justice, I suppose.

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