A Hundred Years Hence: The Expectations of an OptimistRussell, T. Baron
Philosophy
A Hundred Years Hence: The Expectations of an Optimist
Russell, T. Baron
Forecasting; Twentieth century -- Forecasts
here to recapitulate the arguments in favour of the contention that
the cost of civil suits should be borne, as the cost of criminal
prosecutions is always supposed to be borne, by the State. That
the man who brings successfully an action at law, or successfully
defends one, should be able to do so only at an expense to himself,
is against public policy: and there are even now numerous cases every
year in which even the unsuccessful party in a lawsuit is really doing
the public a service. In a perfect state of public morality he would
always be doing so: and in a hundred years' time he will certainly
be more often worthy of public thanks than he is now--he will be
less often seeking to impose or defend a wrong. As matters stand,
it is notorious that the grant of costs following the judgment in a
civil suit is only a partial relief to the successful suitor. He has
to pay his solicitor more than his solicitor can obtain leave from
the taxing master to collect from the other side; while if (as not
infrequently happens) the other side cannot pay, the costs awarded
by the Court have to be borne by the winner of the suit. It is a
frequent reply of dishonest defendants, when threatened with legal
proceedings, that they "will meet the plaintiff in the Bankruptcy
Court." On the other hand, a man will often submit to oppression rather
than be subjected to the expense of even a successful defence. Every
litigant who maintains his right, whether as plaintiff or defendant,
renders very much the same service to the public which we often hear
applauded on the part of persons who "come forward to prosecute"
in criminal or misdemeanour cases. He is assisting to make probity
profitable and evasion dangerous; in other words, he is subserving
public morality and helping to repress dishonesty. It would be much
to the public advantage that his costs should be borne by the public
purse, and borne generously, every expense legitimately incurred
being allowed him. Logically, he ought also to receive a sufficient,
and even a fairly liberal, solatium for his trouble and loss of time:
and an honest loser ought to be able to receive a certificate from the
court entitling him to the same amenities, the withholding of which
would constitute a deterrent penalty against factious litigation. But
it may be urged on practical grounds that to make the path of the
litigant too easy would lead to too much invocation of the law, and
that the full recognition of the public usefulness of litigants must
be postponed to the millennium--which age of ideal perfection will
not occur (it may be thought necessary to concede) a hundred years
hence. And it is not difficult to imagine means by which the public can
be protected against the factious and unnecessary litigation to which,
in the absence of some safeguard, we should certainly be exposed. The
plaintiff might be required to obtain some sort of fiat, such as is
required now before a suit of criminal libel can be prosecuted: and
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account