Harvard University The State of Law in America Research Essay Post document (project_link)with everything need, if use the reading and good argument all ne

Harvard University The State of Law in America Research Essay Post document (project_link)with everything need, if use the reading and good argument all need to develop the paper in good concept. the instruction are inside. any document needed just ask, will post everything that will help in the paper for sure. Consider the reading the key to get A paper and enjoy the reader when read it, show off that done readings. Note. no need for the outside sources all things are available. cover page and references are not count towards the paper page. paper need to be original please. Check the grmmar before give it. The question is inside the document (project_link) Shooting an Elephant
George Orwell (c. 1936)
IN MOULMEIN, IN LOWER BURMA, I was hated by large numbers of people–the only time in
my life that I have been important enough for this to happen to me. I was sub-divisional police
officer of the town, and in an aimless, petty kind of way anti-European feeling was very bitter.
No one had the guts to raise a riot, but if a European woman went through the bazaars alone
somebody would probably spit betel juice over her dress. As a police officer I was an obvious
target and was baited whenever it seemed safe to do so. When a nimble Burman tripped me up
on the football field and the referee (another Burman) looked the other way, the crowd yelled
with hideous laughter. This happened more than once. In the end the sneering yellow faces of
young men that met me everywhere, the insults hooted after me when I was at a safe distance,
got badly on my nerves. The young Buddhist priests were the worst of all. There were several
thousands of them in the town and none of them seemed to have anything to do except stand
on street corners and jeer at Europeans.
All this was perplexing and upsetting. For at that time I had already made up my mind that
imperialism was an evil thing and the sooner I chucked up my job and got out of it the better.
Theoretically–and secretly, of course–I was all for the Burmese and all against their oppressors,
the British. As for the job I was doing, I hated it more bitterly than I can perhaps make clear. In a
job like that you see the dirty work of Empire at close quarters. The wretched prisoners huddling
in the stinking cages of the lock-ups, the grey, cowed faces of the long-term convicts, the
scarred buttocks of the men who had been Bogged with bamboos–all these oppressed me with
an intolerable sense of guilt. But I could get nothing into perspective. I was young and illeducated and I had had to think out my problems in the utter silence that is imposed on every
Englishman in the East. I did not even know that the British Empire is dying, still less did I know
that it is a great deal better than the younger empires that are going to supplant it. All I knew
was that I was stuck between my hatred of the empire I served and my rage against the evilspirited little beasts who tried to make my job impossible. With one part of my mind I thought of
the British Raj as an unbreakable tyranny, as something clamped down, in saecula saeculorum,
upon the will of prostrate peoples; with another part I thought that the greatest joy in the world
would be to drive a bayonet into a Buddhist priest’s guts. Feelings like these are the normal byproducts of imperialism; ask any Anglo-Indian official, if you can catch him off duty.
One day something happened which in a roundabout way was enlightening. It was a tiny
incident in itself, but it gave me a better glimpse than I had had before of the real nature of
imperialism–the real motives for which despotic governments act. Early one morning the subinspector at a police station the other end of the town rang me up on the phone and said that an
elephant was ravaging the bazaar. Would I please come and do something about it? I did not
know what I could do, but I wanted to see what was happening and I got on to a pony and
started out. I took my rifle, an old .44 Winchester and much too small to kill an elephant, but I
thought the noise might be useful in terrorem. Various Burmans stopped me on the way and told
me about the elephant’s doings. It was not, of course, a wild elephant, but a tame one which
had gone “must.” It had been chained up, as tame elephants always are when their attack of
“must” is due, but on the previous night it had broken its chain and escaped. Its mahout, the
only person who could manage it when it was in that state, had set out in pursuit, but had taken
the wrong direction and was now twelve hours’ journey away, and in the morning the elephant
had suddenly reappeared in the town. The Burmese population had no weapons and were quite
helpless against it. It had already destroyed somebody’s bamboo hut, killed a cow and raided
some fruit-stalls and devoured the stock; also it had met the municipal rubbish van and, when
the driver jumped out and took to his heels, had turned the van over and inflicted violences upon
The Burmese sub-inspector and some Indian constables were waiting for me in the quarter
where the elephant had been seen. It was a very poor quarter, a labyrinth of squalid bamboo
huts, thatched with palmleaf, winding all over a steep hillside. I remember that it was a cloudy,
stuffy morning at the beginning of the rains. We began questioning the people as to where the
elephant had gone and, as usual, failed to get any definite information. That is invariably the
case in the East; a story always sounds clear enough at a distance, but the nearer you get to
the scene of events the vaguer it becomes. Some of the people said that the elephant had gone
in one direction, some said that he had gone in another, some professed not even to have
heard of any elephant. I had almost made up my mind that the whole story was a pack of lies,
when we heard yells a little distance away. There was a loud, scandalized cry of “Go away,
child! Go away this instant!” and an old woman with a switch in her hand came round the corner
of a hut, violently shooing away a crowd of naked children. Some more women followed,
clicking their tongues and exclaiming; evidently there was something that the children ought not
to have seen. I rounded the hut and saw a man’s dead body sprawling in the mud. He was an
Indian, a black Dravidian coolie, almost naked, and he could not have been dead many minutes.
The people said that the elephant had come suddenly upon him round the corner of the hut,
caught him with its trunk, put its foot on his back and ground him into the earth. This was the
rainy season and the ground was soft, and his face had scored a trench a foot deep and a
couple of yards long. He was lying on his belly with arms crucified and head sharply twisted to
one side. His face was coated with mud, the eyes wide open, the teeth bared and grinning with
an expression of unendurable agony. (Never tell me, by the way, that the dead look peaceful.
Most of the corpses I have seen looked devilish.) The friction of the great beast’s foot had
stripped the skin from his back as neatly as one skins a rabbit. As soon as I saw the dead man I
sent an orderly to a friend’s house nearby to borrow an elephant rifle. I had already sent back
the pony, not wanting it to go mad with fright and throw me if it smelt the elephant.
The orderly came back in a few minutes with a rifle and five cartridges, and meanwhile some
Burmans had arrived and told us that the elephant was in the paddy fields below, only a few
hundred yards away. As I started forward practically the whole population of the quarter flocked
out of the houses and followed me. They had seen the rifle and were all shouting excitedly that I
was going to shoot the elephant. They had not shown much interest in the elephant when he
was merely ravaging their homes, but it was different now that he was going to be shot. It was a
bit of fun to them, as it would be to an English crowd; besides they wanted the meat. It made me
vaguely uneasy. I had no intention of shooting the elephant–I had merely sent for the rifle to
defend myself if necessary–and it is always unnerving to have a crowd following you. I marched
down the hill, looking and feeling a fool, with the rifle over my shoulder and an ever-growing
army of people jostling at my heels. At the bottom, when you got away from the huts, there was
a metalled road and beyond that a miry waste of paddy fields a thousand yards across, not yet
ploughed but soggy from the first rains and dotted with coarse grass. The elephant was
standing eight yards from the road, his left side towards us. He took not the slightest notice of
the crowd’s approach. He was tearing up bunches of grass, beating them against his knees to
clean them and stuffing them into his mouth.
I had halted on the road. As soon as I saw the elephant I knew with perfect certainty that I ought
not to shoot him. It is a serious matter to shoot a working elephant–it is comparable to
destroying a huge and costly piece of machinery–and obviously one ought not to do it if it can
possibly be avoided. And at that distance, peacefully eating, the elephant looked no more
dangerous than a cow. I thought then and I think now that his attack of “must” was already
passing off; in which case he would merely wander harmlessly about until the mahout came
back and caught him. Moreover, I did not in the least want to shoot him. I decided that I would
watch him for a little while to make sure that he did not turn savage again, and then go home.
But at that moment I glanced round at the crowd that had followed me. It was an immense
crowd, two thousand at the least and growing every minute. It blocked the road for a long
distance on either side. I looked at the sea of yellow faces above the garish clothes-faces all
happy and excited over this bit of fun, all certain that the elephant was going to be shot. They
were watching me as they would watch a conjurer about to perform a trick. They did not like me,
but with the magical rifle in my hands I was momentarily worth watching. And suddenly I
realized that I should have to shoot the elephant after all. The people expected it of me and I
had got to do it; I could feel their two thousand wills pressing me forward, irresistibly. And it was
at this moment, as I stood there with the rifle in my hands, that I first grasped the hollowness,
the futility of the white man’s dominion in the East. Here was I, the white man with his gun,
standing in front of the unarmed native crowd–seemingly the leading actor of the piece; but in
reality I was only an absurd puppet pushed to and fro by the will of those yellow faces behind. I
perceived in this moment that when the white man turns tyrant it is his own freedom that he
destroys. He becomes a sort of hollow, posing dummy, the conventionalized figure of a sahib.
For it is the condition of his rule that he shall spend his life in trying to impress the “natives,” and
so in every crisis he has got to do what the “natives” expect of him. He wears a mask, and his
face grows to fit it. I had got to shoot the elephant. I had committed myself to doing it when I
sent for the rifle. A sahib has got to act like a sahib; he has got to appear resolute, to know his
own mind and do definite things. To come all that way, rifle in hand, with two thousand people
marching at my heels, and then to trail feebly away, having done nothing–no, that was
impossible. The crowd would laugh at me. And my whole life, every white man’s life in the East,
was one long struggle not to be laughed at.
But I did not want to shoot the elephant. I watched him beating his bunch of grass against his
knees, with that preoccupied grandmotherly air that elephants have. It seemed to me that it
would be murder to shoot him. At that age I was not squeamish about killing animals, but I had
never shot an elephant and never wanted to. (Somehow it always seems worse to kill a large
animal.) Besides, there was the beast’s owner to be considered. Alive, the elephant was worth
at least a hundred pounds; dead, he would only be worth the value of his tusks, five pounds,
possibly. But I had got to act quickly. I turned to some experienced-looking Burmans who had
been there when we arrived, and asked them how the elephant had been behaving. They all
said the same thing: he took no notice of you if you left him alone, but he might charge if you
went too close to him.
It was perfectly clear to me what I ought to do. I ought to walk up to within, say, twenty-five
yards of the elephant and test his behavior. If he charged, I could shoot; if he took no notice of
me, it would be safe to leave him until the mahout came back. But also I knew that I was going
to do no such thing. I was a poor shot with a rifle and the ground was soft mud into which one
would sink at every step. If the elephant charged and I missed him, I should have about as
much chance as a toad under a steam-roller. But even then I was not thinking particularly of my
own skin, only of the watchful yellow faces behind. For at that moment, with the crowd watching
me, I was not afraid in the ordinary sense, as I would have been if I had been alone. A white
man mustn’t be frightened in front of “natives”; and so, in general, he isn’t frightened. The sole
thought in my mind was that if anything went wrong those two thousand Burmans would see me
pursued, caught, trampled on and reduced to a grinning corpse like that Indian up the hill. And if
that happened it was quite probable that some of them would laugh. That would never do.
There was only one alternative. I shoved the cartridges into the magazine and lay down on the
road to get a better aim. The crowd grew very still, and a deep, low, happy sigh, as of people
who see the theatre curtain go up at last, breathed from innumerable throats. They were going
to have their bit of fun after all. The rifle was a beautiful German thing with cross-hair sights. I
did not then know that in shooting an elephant one would shoot to cut an imaginary bar running
from ear-hole to ear-hole. I ought, therefore, as the elephant was sideways on, to have aimed
straight at his ear-hole, actually I aimed several inches in front of this, thinking the brain would
be further forward.
When I pulled the trigger I did not hear the bang or feel the kick–one never does when a shot
goes home–but I heard the devilish roar of glee that went up from the crowd. In that instant, in
too short a time, one would have thought, even for the bullet to get there, a mysterious, terrible
change had come over the elephant. He neither stirred nor fell, but every line of his body had
altered. He looked suddenly stricken, shrunken, immensely old, as though the frighfful impact of
the bullet had paralysed him without knocking him down. At last, after what seemed a long time-it might have been five seconds, I dare say–he sagged flabbily to his knees. His mouth
slobbered. An enormous senility seemed to have settled upon him. One could have imagined
him thousands of years old. I fired again into the same spot. At the second shot he did not
collapse but climbed with desperate slowness to his feet and stood weakly upright, with legs
sagging and head drooping. I fired a third time. That was the shot that did for him. You could
see the agony of it jolt his whole body and knock the last remnant of strength from his legs. But
in falling he seemed for a moment to rise, for as his hind legs collapsed beneath him he seemed
to tower upward like a huge rock toppling, his trunk reaching skyward like a tree. He trumpeted,
for the first and only time. And then down he came, his belly towards me, with a crash that
seemed to shake the ground even where I lay.
I got up. The Burmans were already racing past me across the mud. It was obvious that the
elephant would never rise again, but he was not dead. He was breathing very rhythmically with
long rattling gasps, his great mound of a side painfully rising and falling. His mouth was wide
open–I could see far down into caverns of pale pink throat. I waited a long time for him to die,
but his breathing did not weaken. Finally I fired my two remaining shots into the spot where I
thought his heart must be. The thick blood welled out of him like red velvet, but still he did not
die. His body did not even jerk when the shots hit him, the tortured breathing continued without
a pause. He was dying, very slowly and in great agony, but in some world remote from me
where not even a bullet could damage him further. I felt that I had got to put an end to that
dreadful noise. It seemed dreadful to see the great beast Lying there, powerless to move and
yet powerless to die, and not even to be able to finish him. I sent back for my small rifle and
poured shot after shot into his heart and down his throat. They seemed to make no impression.
The tortured gasps continued as steadily as the ticking of a clock.
In the end I could not stand it any longer and went away. I heard later that it took him half an
hour to die. Burmans were bringing dahs and baskets even before I left, and I was told they had
stripped his body almost to the bones by the afternoon.
Afterwards, of course, there were endless discussions about the shooting of the elephant. The
owner was furious, but he was only an Indian and could do nothing. Besides, legally I had done
the right thing, for a mad elephant has to be killed, like a mad dog, if its owner fails to control it.
Among the Europeans opinion was divided. The older men said I was right, the younger men
said it was a damn shame to shoot an elephant for killing a coolie, because an elephant was
worth more than any damn Coringhee coolie. And afterwards I was very glad that the coolie had
been killed; it put me legally in the right and it gave me a sufficient pretext for shooting the
elephant. I often wondered whether any of the others grasped that I had done it solely to avoid
looking a fool.
Copyright (c) Notre Dame Law Review, 2003.
University of Notre Dame
August, 2003
78 Notre Dame L. Rev. 1497
By: Valerie P. Hans*, Stephanie Albertson+
BIO: * Professor of Sociology and Criminal Justice, University of Delaware. Valerie Hans dedicates this
Article to the memory of her father, John Julius Hans, who graduated from the University of Notre Dame in
1950 with a B.S. in Commerce. His connection to Notre Dame was a source of pride and joy to him
throughout his life.
+ Ph.D. Candidate, Department of Sociology and Criminal Justice, University of Delaware.
In January 2003, President George W. Bush invoked the supposed failings of the civil jury as the rationale
for sweeping changes to the civil justice system.n1 In a speech given at the University of Scranton, in
Pennsylvania, a state where skyrocketing costs of medical malpractice insurance had created a political
crisis, President Bush said, “Excessive jury awards will continue to drive up insurance costs, will put good
doctors out of Scranton, Pa.” n2 Among the changes he proposed were a decrease in the time that patients
would have to sue their doctors, a national cap on pain and suffering awards at $ 250,000, and a limit on
punitive damages. n3
Mr. Bush’s speech was only the most recent in a long line of attacks on the functioning of the American
civil jury. We can trace the contemporary series of denunciations to the 1980s as part of a broad tort reform
initiative begun during the Republican administrations of Ronald Reagan and George H.W. Bush.n4 A
central argument is that [*1498] Americans have become increasingly litigious, an argument that is now
widely accepted among members of the publicn5 and that President George W. Bush echoed in his most
recent call for new limits on civil justice and the jury. n6 And juries, it is asserted, do not do a good job in
differentiating bogus and valid lawsuits. n7 Instead, they exacerbate the problem by their unwarranted
sympathy for questionable claimants and their concomitant delivery of excessive awards. n8
We can identify several distinct criticisms of the civil jury. First is the broadly shared presumption that civil
jurors are highly sympathetic to plaintiffs who bring lawsuits and tend to be hostile to corporate and
insurance defendants.n9 A second charge is that civil jurors have serious problems comprehending trial
evidence and legal instructions, particularly in complex cases and trials with expert witnesses. n10
Compensatory awards by juries are subject to criticism as well; they are seen as erratic and unpredictable,
and usually too high, n11 although in some circumstances juries are accused o…
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