Either the doctrine of precedents is policy to keep a man in a state of ignorance, or it is a practical confession that wisdom degenerates in governments as governments increase in age, and can only hobble along by the stilts and crutches of precedents.
Thomas Paine: “Either the doctrine of precedents is policy to keep a man in a state of ignorance, or it is a practical confession that…”
Editor's note · Context
Paine offers a dual critique of the doctrine of precedents, suggesting it either aims to keep people ignorant or reveals a decline in governmental wisdom over time.
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Many of the facts were in themselves principles; such as the declaration of American Independence, and the treaty of alliance between France and America, which recognised the natural rights of man, and justified resistance to oppression.
It was become evident, that no constitution, worthy of being called by that name, could be established on anything less than a national ground.
But the spirit of the nation was not to be overcome, and it was so fully sensible of the strong ground it had taken--that of withholding taxes--that it contented itself with keeping up a sort of quiet resistance, which effectually…