Month: January 2015

A committee of the wholeA committee of the whole

Tetman Callis 0 Comments 7:12 am

“You look at a dozen men, each of them not by any means detestable and not uninteresting, for each of them would have technical details of their affairs to impart; you formed them into a Government or a club and at once, with oppressions, inaccuracies, gossip, backbiting, lying, corruptions and vileness, you had the combination of wolf, tiger, weasel and louse-covered ape that was human society.” – Ford Madox Ford, Some Do Not…

Death was their lifeDeath was their life

Tetman Callis 0 Comments 5:40 am

“On the next floor below are the abdominal and spine cases, head wounds and double amputations. On the right side of the wing are the jaw wounds, gas cases, nose, ear, and neck wounds. On the left the blind and the lung wounds, pelvis wounds, wounds in the joints, wounds in the kidneys, wounds in the testicles, wounds in the intestines. Here a man realises for the first time in how many places a man can get hit. Two fellows die of tetanus. Their skin turns pale, their limbs stiffen, at last only their eyes live–stubbornly. Many of the wounded have their shattered limbs hanging free in the air from a gallows; underneath the wound a basin is placed into which drips the pus. Every two or three hours the vessel is emptied. Other men lie in stretching bandages with heavy weights hanging from the end of the bed. I see intestine wounds that are constantly full of excreta. The surgeon’s clerk shows me X-ray photographs of completely smashed hipbones, knees, and shoulders. A man cannot realise that above such shattered bodies there are still human faces in which life goes its daily round. And this is only one hospital, one single station; there are hundreds of thousands in Germany, hundreds of thousands in France, hundreds of thousands in Russia. How senseless is everything that can ever be written, done, or thought, when such things are possible. It must be all lies and of no account when the culture of a thousand years could not prevent this stream of blood being poured out, these torture-chambers in their hundreds of thousands. A hospital alone shows what war is. I am young, I am twenty years old; yet I know nothing of life but despair, death, fear, and fatuous superficiality cast over an abyss of sorrow. I see how peoples are set against one another, and in silence, unknowingly, foolishly, obediently, innocently slay one another. I see that the keenest brains of the world invent weapons and words to make it yet more refined and enduring. And all men of my age, here and over there, throughout the whole world see these things; all my generation is experiencing these things with me. What would our fathers do if we suddenly stood up and came before them and proffered our account? What do they expect of us if a time ever comes when the war is over? Through the years our business has been killing;–it was our first calling in life. Our knowledge of life is limited to death. What will happen afterwards? And what shall come out of us?” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

Dancing with Mr. DDancing with Mr. D

Tetman Callis 0 Comments 5:27 am

“We go up the line again. On the way we pass through a devastated wood with the tree trunks shattered and the ground ploughed up. At several places there are tremendous craters. ‘Great guns, something’s hit that,’ I say to Kat. ‘Trench mortars,’ he replies, and then points up at one of the trees. In the branches dead men are hanging. A naked soldier is squatting in the fork of a tree, he still has his helmet on, otherwise he is entirely unclad. There is only half of him sitting up there, the top half, the legs are missing. ‘What can that mean?’ I ask. ‘He’s been blown out of his clothes,’ mutters Tjaden. ‘It’s funny,’ says Kat, ‘we have seen that several times now. If a mortar gets you it blows you clean out of your clothes. It’s the concussion that does it.’ I search around. And so it is. Here hang bits of uniform, and somewhere else is plastered a bloody mess that was once a human limb. Over there lies a body with nothing but a piece of the underpants on one leg and the collar of the tunic around its neck. Otherwise it is naked and the clothes are hanging up in the tree. Both arms are missing as though they had been pulled out. I discover one of them twenty yards off in a shrub. The dead man lies on his face. There, where the arm wounds are, the earth is black with blood. Underfoot the leaves are scratched up as though the man had been kicking.” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

Unending fodderUnending fodder

Tetman Callis 0 Comments 5:47 am

“I am often on guard over the Russians. In the darkness one sees their forms move like sick storks, like great birds. They come close up to the wire fence and lean their faces against it; their fingers hook round the mesh. Often many stand side by side, and breathe the wind that comes down from the moors and the forest. They rarely speak and then only a few words. They are more human and more brotherly towards one another, it seems to me, than we are. But perhaps that is merely because they feel themselves to be more unfortunate than us. Anyway the war is over so far as they are concerned. But to wait for dysentery is not much of a life either. The Territorials who are in charge of them say that they were much more lively at first. They used to have intrigues among themselves, as always happens, and it would often come to blows and knives. But now they are quite apathetic and listless; most of them do not masturbate any more, they are so feeble, though otherwise things come to such a pass that whole huts full of them do it. They stand at the wire fence; sometimes one goes away and then another at once takes his place in the line. Most of them are silent; occasionally one begs a cigarette butt. I see their dark forms, their beards move in the wind. I know nothing of them except that they are prisoners; and that is exactly what troubles me. Their life is obscure and guiltless;—if I could know more of them, what their names are, how they live, what they are waiting for, what are their burdens, then my emotion would have an object and might become sympathy. But as it is I perceive behind them only the suffering of the creature, the awful melancholy of life and the pitilessness of men.” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

The things they left behindThe things they left behind

Tetman Callis 0 Comments 5:55 am

“In my room behind the table stands a brown leather sofa. I sit down on it. On the walls are pinned countless pictures that I once used to cut out of the newspapers. In between are drawings and postcards that have pleased me. In the corner is a small iron stove. Against the wall opposite stand the book-shelves with my books. I used to live in this room before I was a soldier. The books I bought gradually with the money I earned by coaching. Many of them are secondhand, all the classics for example, one volume in blue cloth boards cost one mark twenty pfennig. I bought them complete because it was thoroughgoing, I did not trust the editors of selections to choose all the best. So I purchased only ‘collected works.’ I read most of them with laudible zeal, but few of them really appealed to me. I preferred the other books, the moderns, which were of course much dearer. A few I came by not quite honestly, I borrowed and did not return them because I did not want to part with them. One shelf is filled with school books. They are not so well cared for, they are badly thumbed, and pages have been torn out for certain purposes. Then below are periodicals, papers, and letters all jammed in together with drawings and rough sketches. I want to think myself back into that time. It is still in the room, I feel it at once, the walls have preserved it. My hands rest on the arms of the sofa; now I make myself at home and draw up my legs so that I sit comfortably in the corner, in the arms of the sofa. The little window is open, through it I see the familiar picture of the street with the rising spire of the church at the end. There are a couple of flowers on the table. Pen-holders, a shell as a paper-weight, the ink-well—here nothing is changed. It will be like this too, if I am lucky, when the war is over and I come back here for good. I will sit here just like this and look at my room and wait. I feel excited; but I do not want to be, for that is not right. I want that quiet rapture again. I want to feel the same powerful, nameless urge that I used to feel when I turned to my books. The breath of desire that then arose from the coloured backs of the books, shall fill me again, melt the heavy, dead lump of lead that lies somewhere in me and waken again the impatience of the future, the quick joy in the world of thought, it shall bring back again the lost eagerness of my youth. I sit and wait.” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

You don’t want to know thisYou don’t want to know this

Tetman Callis 0 Comments 5:32 am

“Bombardment, barrage, curtain-fire, mines, gas, tanks, machine-guns, hand-grenades–words, words, but they hold the horror of the world . . . . We see men living with their skulls blown open; we see soldiers run with their two feet cut off, they stagger on their splintered stumps into the next shell-hole; a lance-corporal crawls a mile and a half on his hands dragging his smashed knee after him; another goes to the dressing station and over his clasped hands bulge his intestines; we see men without mouths, without jaws, without faces; we find one man who has held the artery of his arm in his teeth for two hours in order not to bleed to death. The sun goes down, night comes, the shells whine, life is at an end.” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

Mother, may I?Mother, may I?

Tetman Callis 0 Comments 5:38 am

“To no man does the earth mean so much as to the soldier. When he presses himself down upon her long and powerfully, when he buries his face and his limbs deep in her from the fear of death by shell-fire, then she is his only friend, his brother, his mother; he stifles his terror and his cries in her silence and her security; she shelters him and releases him for ten seconds to live, to run, ten seconds of life; receives him again and often for ever. Earth!–Earth!–Earth! Earth with thy folds, and hollows, and holes, into which a man may fling himself and crouch down. In the spasm of terror, under the hailing of annihilation, in the bellowing death of the explosions, O Earth, thou grantest us the great resisting surge of new-won life. Our being, almost utterly carried away by the fury of the storm, streams back through our hands from thee, and we, thy redeemed ones, bury ourselves in thee.” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

Get ’em while they’re young and tenderGet ’em while they’re young and tender

Tetman Callis 0 Comments 5:37 am

“When we went to the district-commandant to enlist, we were a class of twenty young men, many of whom proudly shaved for the first time before going to the barracks. We had no definite plans for our future. Our thoughts of a career and occupation were as yet of too unpractical a character to furnish any scheme of life. We were still crammed full of vague ideas which gave to life, and to the war also an ideal and almost romantic character. We were trained in the army for ten weeks and in this time more profoundly influenced than by ten years at school. We learned that a bright button is weightier than four volumes of Schopenhauer. At first astonished, then embittered, and finally indifferent, we recognised that what matters is not the mind but the boot brush, not intelligence but the system, not freedom but drill. We became soldiers with eagerness and enthusiasm, but they have done everything to knock that out of us. After three weeks it was no longer incomprehensible to us that a braided postman should have more authority over us than had formerly our parents, our teachers, and the whole gamut of culture from Plato to Goethe. With our young, awakened eyes we saw that the classical conception of the Fatherland held by our teachers resolved itself here into a renunciation of personality such as one would not ask of the meanest servants—salutes, springing to attention, parade-marches, presenting arms, right wheel, left wheel, clicking the heels, insults, and a thousand pettifogging details. We had fancied our task would be different, only to find we were to be trained for heroism as though we were circus-ponies.” – Erich Maria Remarque, All Quiet on the Western Front (trans. Wheen)

And it’s not cricketAnd it’s not cricket

Tetman Callis 0 Comments 5:35 am

“Conduct calculated to intimidate and distract those who, though in an adversarial position, have independent responsibilities and important roles in the effective administration of justice cannot be countenanced. The adversary system depends on the effectiveness of adversary counsel. Our rules of procedure are designed in large measure to bring to litigation adversaries who have an equal opportunity and comparable ability in the representation of opposing parties in order to assure a just result. Thus, the undue and extraneous oppression and harassment of participants involved in litigation can impair their effectiveness, not only as advocates for their clients, but also as officers of the court. An attorney who consciously and intentionally engages in such conduct perverts advocacy. Such conduct redounds only to the detriment of the proper administration of justice, which depends vitally on the reasonable balance between adversaries and on opposing counsels’ respect, trust, and knowledge of the adversary system. There cannot be genuine respect of the adversary system without respect for the adversary, and disrespect for the adversary system bespeaks disrespect for the court and the proper administration of justice.” – The Justices of the Supreme Court of the State of New Jersey, In the Matter of Lester T. Vincenti, An Attorney at Law.

It goes way back and way deepIt goes way back and way deep

Tetman Callis 0 Comments 6:01 am

“Among the moral forces, exists there one superior to justice? This dominates all. Old as humanity, eternal as the need of man and of people to be and to feel themselves protected, it is at the base of all civilization. Art and Science are its tributaries. Religions live and prosper in its shadow. Is it not itself a religion?” – Leon Theodor, Bâtonnier of the Order of the Advocates (as quoted by Brand Whitlock in Belgium: A Personal Narrative)

A knight in shining paperA knight in shining paper

Tetman Callis 0 Comments 5:41 am

“A lawyer is not only a professional competent to represent the interest of parties before justice and to defend in a courteous and honourable struggle the interests of the client: he is a necessary auxiliary of the judge, to whom he brings his learning, his probity, and his labour.” – Leon Theodor, Bâtonnier of the Order of the Advocates (as quoted by Brand Whitlock in Belgium: A Personal Narrative)

Better rashness than inertia; better a mistake than hesitationBetter rashness than inertia; better a mistake than hesitation

Tetman Callis 0 Comments 5:43 am

“A favorable situation will never be exploited if commanders wait for orders.  The highest commander and the youngest soldier must always be conscious of the fact that omission and inactivity are worse than resorting to the wrong expedient.” – General Helmuth Karl Bernard von Moltke (as quoted by Trevor N. Dupuy in A Genius for War)

Remaining within the four cornersRemaining within the four corners

Tetman Callis 0 Comments 5:39 am

“The authoritative statement is the statutory text, not the legislative history or any other extrinsic material. Extrinsic materials have a role in statutory interpretation only to the extent they shed a reliable light on the enacting Legislature’s understanding of otherwise ambiguous terms. Not all extrinsic materials are reliable sources of insight into legislative understandings, however, and legislative history in particular is vulnerable to two serious criticisms. First, legislative history is itself often murky, ambiguous, and contradictory. Judicial investigation of legislative history has a tendency to become, to borrow Judge Leventhal’s memorable phrase, an exercise in ‘ “looking over a crowd and picking out your friends.” ‘ Second, judicial reliance on legislative materials like committee reports, which are not themselves subject to the requirements of Article I, may give unrepresentative committee members—or, worse yet, unelected staffers and lobbyists—both the power and the incentive to attempt strategic manipulations of legislative history to secure results they were unable to achieve through the statutory text.” – Justice Anthony Kennedy, Exxon Mobil Corp. v. Allapattah Services, Inc. (545 U.S. 546, 568 (2005); internal citations omitted)

Now, see if you can make that stickNow, see if you can make that stick

Tetman Callis 0 Comments 5:49 am

“The presumption of negligence is not a true presumption. It is an instructed inference of fact and is circumstantial evidence to be considered by the jury. It does not vanish when defendant introduces evidence of his due care in managing the injuring instrumentality, but remains in the case. The jury must weigh the circumstantial evidence of the plaintiff against the direct evidence of the defendant.” – Illinois Pattern Civil Jury Instructions, 22.01

Sit in a room and waitSit in a room and wait

Tetman Callis 0 Comments 5:58 am

“Writing, at its best, is a lonely life. Organizations for writers palliate the writer’s loneliness but I doubt if they improve his writing. He grows in public stature as he sheds his loneliness and often his work deteriorates. For he does his work alone and if he is a good enough writer he must face eternity, or the lack of it, each day.” – Ernest Hemingway, Nobel Banquet Speech, 1954

Twenty thousand dead on one summer’s dayTwenty thousand dead on one summer’s day

Tetman Callis 0 Comments 5:50 am

“The Somme—or rather the first day of the battle—lingers in memory as an intensely sad affair, a monumental loss of innocence not only for the British Army, but for Britain itself, and the world. Those tragic, cheering ranks of ‘Pal’ and ‘Chums’ battalions hurled into eternity with the fluid sweep of the machine gun cannot be forgotten. Entire firms, neighborhoods, and villages had suddenly lost all their young men. At the time, the impact of this was profound, especially as loved ones compared the immensely long casualty lists with official pap. A whole generation had been extinguished, an immense loss that is still felt today, and lies like a black dream deep within the psyche of the British nation.” – O’Brien Browne, “A Sunlit Picture of Hell”

Too late nowToo late now

Tetman Callis 2 Comments 5:44 am

“There is this terrible and fatal quality in all writing, which should no doubt adjure us all to silence—namely, that, no matter how imperfect a picture the writer gives of everything else, he always draws a perfect portrait of himself.” – Brand Whitlock, Belgium: A Personal Narrative

It was not entirely calculatedIt was not entirely calculated

Tetman Callis 0 Comments 6:51 am

“The origins of the annihilation of the German Jews were much more remote in time than the events of Krystallnacht. They are to be found in popular reactions to the dislocations that accompanied Germany’s belated but headlong rise as an industrial Power in the nineteenth century and in the growth of a virulent form of racist anti-Semitism in the Wilhelmine period, which remained latent until military defeat and economic collapse turned it into a potent rallying-cry for the rightist fanatics and demagogues who led the attack upon the Weimar constitution. The most gifted of these, Adolf Hitler, was also the one most obsessed with hatred and fear of the Jews.” – Gordon A. Craig, Germany 1866-1945

Not just another lawyerNot just another lawyer

Tetman Callis 0 Comments 6:48 am

“The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.” – Justice George Sutherland, Berger v. United States, 295 U.S. 78 (1935)

How it was doneHow it was done

Tetman Callis 0 Comments 5:55 am

“In the muddle of competing agencies that constituted the governmental system of the Third Reich, the SS was the effective instrument of domination. Unfettered by the normal restraints of law and accountable only to its commander, and beyond him the Führer himself, it exercised sovereign control over the lives and liberties of German citizens, arresting and detaining them on any pretext, imprisoning them for long periods for unproved or invented crimes (even after the regime was presumably stable and consolidated, there were never fewer than 10,000 Germans in concentration camps), subjecting them to inhuman physical torments, and murdering them for daring to criticize the realities of National Socialism and the crimes of its leadership. The knowledge of the enormities that the SS perpetrated daily, the knowledge that the camps were always waiting for new inmates, the knowledge that many who entered them were never heard of again was never absent from the minds of German citizens, and the fear that it induced was a potent force in maintaining their obedience to the dictatorship. In the Third Reich, terror was the greatest of political realities.” – Gordon A. Craig, Germany 1866-1945