For the mere creation of a special tribunal persuades the ordinary man that there is an a priori case against the accused, that the burden of proof lies upon him rather than upon the government.
Harold J. Laski: “For the mere creation of a special tribunal persuades the ordinary man that there is an a priori case against the…”
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Harold J. Laski
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gutenberg.orgEditor's note · Context
He argues that special tribunals create a presumption of guilt against the accused.
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It has been the historic character of persecution always to degrade the persecutor and to strengthen the persecuted by drawing attention to their claims.
He is able, accordingly, to indulge in the twofold luxury not only of preserving his own authority, but also of assisting the persons attacked to enter, if they so choose, the way of truth.
Ultimately, that denial is always made upon the same ground: it is insisted that the doctrines or practices attacked are subversive of the civil order.
To deny novelty or grievance a right of expression is a certain, if, indeed, an ultimate, validation of the truth they contain.





