A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
One thing, at least, is sure--the United States is at the moment
infinitely more conservative than England. Both are pure
democracies, and therefore if the people should be resolved to
abolish the rights of property as we at present know them, it would
inevitably be accomplished. That the majority are really of that
mind in either country is more than doubtful; but in England the
politicians seem to be destroying that which it has taken centuries
to build up, whereas in America this could not happen unless the
conviction was so widespread, determined and permanent, as to
accomplish what is apparently impossible--the radical amendment of
the Constitution.
This digression into the field of politics is only relevant in its
possible effect upon the courts. They, at present, necessarily exist
in an atmosphere of confusion and of constant annihilation of
rights. The head of the whole administration of law, the Lord
Chancellor, is a political appointee changing with the parties. He
appoints the other judges, the King's Counsel and, directly or
indirectly, he is the great source of legal advancement. True, he
has for a long time been selected from the leaders of the Bar so
that he has been professionally well qualified. But this was not
always the case and it is not necessarily a permanent condition,
especially in a country passing through such fundamental changes.
Time alone will show whether these violent shocks will disturb the
balance of the scales of justice. For the future, realizing that
England is no longer conservative, but is now the land of startling
experiment, it would be at least prudent to accept its political and
legal precedents with caution.
One sometimes hears it said that we have too many judges, and the
argument is apt to be urged by the assertion that the number in a
large city is as great as in all England. The natural inference is
that our judges work less effectively.
No statement could be based upon falser premises. The roll of judges
in the High Court is, indeed, a limited one and, as they try small
as well as large cases, the impression might follow that they
constitute the whole judicial force of England. The fact, however,
is quite the reverse.
Public-domain text, read in full here on John Shaqi.
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