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
there would be no hardship in the litigant who failed to obtain the
fiat being left to bear his own expenses up to the time of failure,
though, in the event of his success, he would of course have them
repaid. The legal machinery for obtaining permission to sue need not
be made too complicated: it must not be allowed to develop into a
sort of preliminary trial. Probably some sort of arrangement as the
above will be instituted a hundred years hence, and all law-costs
borne by the State, except in the case of obvious dishonesty or bad
faith; the trouble and loss of time necessarily incurred exercising
a restraining influence upon the litigious.
In regard to the general machinery of the law it would be tedious to
attempt to foresee all the reforms of which the growing complexity
of human affairs will certainly impose the necessity upon us. The
clumsiness of a system by which important civil cases have to be tried
three times, in ways differing in detail, before a final decision is
reached, needs no insisting upon: and there is a manifest inconsistency
in the fact that an action about a matter worth £101 can be twice
appealed, while a man tried for his life, or something even more
important than life, has no appeal at all against an adverse verdict,
except to a secret tribunal of Civil Service clerks--for in the
"commutation" of sentences the Crown stands for the Home Secretary,
and the Home Secretary is necessarily obliged to depend upon his
assistants, who in their turn may very possibly have to derive their
information from officials whose credit would be damaged if some fact
favourable to the prisoner came out. To admit this inconsistency is
not by any means equivalent to admitting the necessity for courts
of criminal appeal: and anyone who knows the methods of criminal
jurisprudence in the United States must recognise that such courts are
capable of abuse highly dangerous to public morality, so dependent upon
respect for law. But with the great increase in scrupulosity and in
the mildness of public temper which the tendencies of human development
clearly vaticinate for the next century, it seems impossible to doubt
that some method will be adopted by which criminal trials can be
reviewed, even though the class of cases in which the necessity for
review is most often mentioned now will no doubt have disappeared with
the abolition of capital punishment. And it does not seem likely to
be beyond the ingenuity of the coming time to discover some means by
which civil cases can be settled in one trial, instead of requiring
three, without danger to the justice of any individual suit.
Public-domain text, read in full here on John Shaqi.
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