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White, Stewart Edward, 1873-1946

"The Rules of the Game"

Be that as it may, the powers that enforce
law often find themselves on the horns of a dilemma. They must take
their choice between tyranny and despotism.
So, in a mild way, Bob had become a despot. That is to say, he had to
decide to whom a broken law was to apply, and to whom not, and this
without being given any touchstone of choice. The matter rested with his
own experience, knowledge and personal judgment. Fortunately he was a
beneficent despot. A man evilly disposed, like Plant, could have worked
incalculable harm for others and great financial benefit to himself.
That this is not only possible but inevitable is another defect of law
or system. No sane man for one single instant believes that literal
enforcement of every law at all times is either possible or desirable.
No sane man for one single instant believes that the law can be excepted
to or annulled for especial occasions without undermining the public
confidence and public morals. Yet where is the middle ground?
In Bob's capacity as beneficent despot, he ran against many problems
that taxed his powers. It was easy to say that Samuels, having full
intention to get what he very well knew he had no right to have, and for
acquiring which he had no excuse save that others were allowed to do
likewise, should be proceeded against vigorously.


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