Page:Notes on democracy - 1926.djvu/176

 for violating an unjust and dishonest law may be defended plausibly, perhaps, by legal casuistry, but it is very hard to make out a case for him as a self-respecting man. Like the ordinary politician, he puts his job above his professional dignity and his common decency. More than one judge, unable to square such loathsome duties with his private notions of honor, has stepped down from the bench, and left the business to a successor who was more a lawyer and less a man.

3.

Where Puritanism Fails

Under the pressure of fanaticism, and with the mob complacently applauding the show, democratic law tends more and more to be grounded upon the maxim that every citizen is, by nature, a traitor, a libertine, and a scoundrel. In order to dissuade him from his evil-doing the police power is extended until it surpasses anything ever heard of in the oriental monarchies of antiquity. In many American States—for example, California and Pennsylvania—it is almost a literal fact that the citizen has no rights