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It is a maxim among these lawyers, that whatever hath been done before, may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
Jonathan Swift
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Interpretation

What this quote means

This quote reflects on the legal principle that past decisions can influence future rulings, often at the expense of justice.

In this quote, Jonathan Swift criticizes the legal system's reliance on precedent, implying that lawyers often uphold unjust decisions simply because they were made in the past. Swift's observation highlights the danger of adhering strictly to historical rulings, which may contradict the fundamental principles of justice and common humanity. By emphasizing the importance of recording these precedents, he underscores the complexities of the law and its relationship with morality.

Themes

LawPrecedentJusticeCritiqueDecisions

In practice

Example use cases

In a discussion about legal reform, this quote could illustrate the need to reassess dated legal precedents.

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How is it possible to expect that mankind will take advice when they will not so much as take warning.
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The bulk of mankind is as well equipped for flying as thinking.
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This single Stick, which you now behold ingloriously lying in that neglected Corner, I once knew in a flourishing State in a Forest: It was full of Sap, full of Leaves, and full of Boughs: But now, in vain does the busy Art of Man pretend to vie with Nature, by tying that withered Bundle of Twigs to its sapless Trunk: It is at best but the Reverse of what it was; a Tree turned upside down, the Branches on the Earth, and the Root in the Air.
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I'm as old as my tongue and a little older than my teeth.
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