A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Both the public opinion and the law of England were, for
generations, characterized by the quality of conservatism. The
various reform acts, starting in 1832, marked the advent of an epoch
of individualism which, lasting for over fifty years, made England
the land where personal liberty and private property were perhaps
safer than ever before in the world's history. It was a country
where government's chief concern was to furnish irreproachable
courts, competent police and few but honest civil servants, so that
each man might pursue happiness after his own fashion with the least
possible interference, yet with complete confidence that he could
assert his rights effectively when invaded. Hence it was that
America learned to look to England for precedents.
All this is changing. The substitution of the doctrines of
collectivism for those of individualism began in 1885 and it
proceeds rapidly in many directions. The socialistic harangues one
hears from vagabonds mounted on benches in Hyde Park are delivered
without interference by the police. The spreading of discontent by
paid agitators proceeds at the market crosses and in the taverns of
the villages between elections. Later the politicians appear and
solicit votes for impossible schemes, an ever increasing proportion
of which are actually adopted by Parliament and of which the laws
regulating liability for personal injuries, attacks upon land and
other forms of property, old age pensions and the methods of public
education, furnish typical examples.
[Illustration: SIDEWALK SOCIALISM--HYDE PARK]
The Workingmen's Compensation and Employers' Liability Act of 1906
was a tentative step, but seems likely to lead to extended liability
and reduced defences, particularly in the matter of contributory
negligence, which has almost ceased to be a factor. One of the
clauses of this Act shows that, even when it is proved that the
death or serious disablement of a workman is attributable to his own
wilful misconduct, compensation may yet be claimed on his behalf
from his employer. In addition, another and unheard of form of
liability for an employer, requiring him to compensate his servant
if the latter falls ill or dies of an "industrial disease" (a list
of which diseases was appended to the Act) and with the
extraordinary provision that, having paid the compensation, the
employer may sue any former employer for the amount, if he can prove
the servant actually contracted the complaint in the earlier service
and within ten years.
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