An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
There is no danger
of this being carried too far; as Chancellor Kent appears to have
apprehended that it might be. There is not much danger of erring upon
the side of too little law. The world is notoriously too much governed.
Legislators almost invariably aim at accomplishing too much.
Representative democracies, so far from being exempt from this vice, are
from their nature peculiarly liable to it. Annual legislatures--with
generally two-thirds new members every year--increase the evil. The
members fall into the common mistake, that their commission is to act,
not to decide in the first place whether action is necessary. They would
be blamed and ridiculed, if they adjourned without doing something
important. Hence the annual volumes of our Acts of Assembly are
fearfully growing in bulk. It is not merely of the extent of local
legislation, the vast multiplication of charters for every imaginable
purpose, or of the constantly recurring tampering with the most general
subjects of interest, finance, revenue, banking, education, pauperism,
&c., that there is reason to complain; but scarce a session of one of
our legislatures passes without rash and ill-considered alterations in
the civil code, vitally affecting private rights and relations. Such
laws are frequently urged by men, having causes pending, who dare not
boldly ask that a law should be made for their particular case, but who
do not hesitate to impose upon the legislature by plausible arguments
the adoption of some general rule, which by a retrospective
construction, will have the same operation. It is a most monstrous
practice, which lawyers are bound by the true spirit of their oath of
office, and by a comprehensive view of their duty to the Constitution
and laws, which they bear so large a part as well in making as
administering, to discountenance and prevent. It is to be feared, that
sometimes it is the counsel of the party who recommends and carefully
frames the bill, which, when enacted into a law, is legislatively to
decide the cause. It is time that a resort to such a measure should be
regarded in public estimation as a flagrant case of professional
infidelity and misconduct.
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