An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
with little inconvenience, it is made to accommodate itself to every
change of condition, sits down to a careful calculation of the cost and
risk of such wholesale change. History and practical experience, alike,
suggest to him, that the structure is a castle as well as a dwelling, a
place for security as well as comfort; that its foundations have been
laid deeply on the solid rock--its masonry more firmly knit together by
the time it has endured. Yet he will not deny that what can be done
consistently with security ought to be done. It is worse than in vain to
oppose all amendment. It will break down every artificial barrier that
may be reared against it, if it be not quietly and wisely directed in
those channels which it seeks at the least expense to security and
stability. Surely it is not conceding too much to this spirit to admit,
that laws should be composed in accurate but perspicuous language,
without redundancy of words or involution of sentences; that the policy
of public measures should not be wrapt up in the folds of State mystery;
and that all legislation should be based upon the principle of leaving
the greatest liberty of private judgment and action, consistent with
public peace and private security. A blind attachment to principles of
jurisprudence or rules of law because they are ancient, when the
advancement of the useful arts, the new combinations of trade and
business, and the influence of more rapid and general intercourse demand
their repeal or modification, is as much to be deprecated as rash
innovation and unceasing experiment. Indeed it scarcely ever fails to
defeat its own end, and though it may retard for a while, renders the
course of reform more destructive than it otherwise would have been.
True conservatism is gradualism--the movement onward by slow, cautious,
and firm steps--but still movement, and that onward. The world, neither
physically, intellectually, nor morally, was made to stand still. As in
her daily revolutions on her own axis as well as her annual orbit round
the sun, she never returns precisely to the same point in space which
she has ever before occupied, it would seem to be the lesson which the
Great Author of all Being would most deeply impress upon mind as he has
written it upon matter; "by ceaseless motion all that is subsists."
What has thus been very cursorily presented will evince that it is the
province of legislation, by slow and cautious steps, to amend the laws,
to render them more equal in their operation upon all classes, not
favoring the rich more than the poor, nor one class of either more than
another, providing an easy, cheap, and expeditious administration of
justice by tribunals, whose learning and impartiality shall be so
secured as to possess the confidence of the community, and by general
rules for the regulation of conduct and the distribution of estates most
conformed to the analogies of that system, which is familiar to the
people in their common law.
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