Lawyer or legislator? in the United States
“How it chanced that a man who reasoned on his premises so ably should assume his premises so foolishly, is one of the great mysteries of human nature. The same inconsistency may be observed in the schoolmen of the middle ages. Those writers show so much acuteness and force of mind in arguing on their wretched data, that a modern reader is perpetually at a loss to comprehend how such minds came by such data. Not a flaw in the superstructure which they are rearing escapes their vigilance. Yet they are blind to the obvious unsoundness of the foundation. It is the same with some eminent lawyers. Their legal arguments are intellectual prodigies, abounding with the happiest analogies and the most refined distinctions. The principles of their arbitrary science being once admitted, the statute-book and the reports being once assumed as the foundations of reasoning, these men must be allowed to be perfect masters of logic. But if a question arises as to the postulates on which their whole system rests, if they are called upon to vindicate the fundamental maxims of that system which they have passed their lives in studying, these very men often talk the language of savages or children. Those who have listened to a man of this class in his own court, and who have witnessed the skill with which he analyzes and digests a vast mass of evidence, or reconciles a crowd of precedents which at first sight seem contradictory, scarcely know him again when, a few hours later, they hear him speaking on the other side of Westminster Hall in his capacity of legislator. They can scarcely believe that the paltry quirks which are faintly heard through a storm of coughing, and which do not impose on the plainest country gentleman, can proceed from the same sharp and vigorous intellect which had excited their admiration under the same roof and on the same day.
Johnson decided literary questions like a lawyer, not like a legislator. He never examined foundations where a point was already ruled. His whole code of criticism rested on pure assumption, for which he sometimes quoted a precedent or an authority, but rarely troubled himself to give a reason drawn from the nature of things.”
Lord Thomas Babington Macaulay: Boswell’s Life of Johnson, Sept, 1831.