The judge is agent, the party is patient, and the same person cannot be both agent and patient in the same thing; but it is the same thing to say that the same man may be patient and agent in the same thing as to say that he may be judge and party, and it is manifest contradiction.
Sumner articulates the contradiction of a person being both judge and party in a legal matter, emphasizing the need for separation.
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But so long as War exists as an Institution this terrible inconsistency must appear.
I agree with the Convention in the importance of the new organization; nor do I think there are many candid persons, recognizing morals as the soul of all true politics, who will hesitate in this conclusion.
The subterfuges of the politician cannot escape it.
Nay, more,--if it would be criminal in these several clusters of States to reëstablish the Institution of War as Arbiter of Justice, then is it criminal in the Commonwealth of Nations to continue it.
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