For example, the House of Lords in
England has long discharged the duties of a tribunal of last resort for
the empire, and with general approbation, but only because, when sitting
as a court, the law lords sit alone. Politicians and political
influences are excluded. Where political influences enter disaster
follows. Hence the infamous renown of political decisions in legal
controversies, such as bills of attainder and _ex post facto_ laws, or
special legislation to satisfy claims which could not be defended before
legitimate courts, or the scandals always attending the trial of
election petitions. The object of true courts is to shield the public
from these and kindred abuses.
In primitive communities courts are erected to defend the weak against
the strong, by correlating local customs in such wise that some general
principle can be deduced which shall protect the civil rights of those
who cannot protect themselves, against the arbitrary exactions of
powerful neighbors. In no community can every person have equal civil
rights. That is impossible. Civil rights must vary according to status.
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