An inquiry into the permanent causes of the decline and fall of powerful and wealthy nations : $b Designed to shew how the prosperity of the British empire may be prolongedPlayfair, William
Philosophy
An inquiry into the permanent causes of the decline and fall of powerful and wealthy nations : $b Designed to shew how the prosperity of the British empire may be prolonged
Playfair, William
Economics; Great Britain -- Economic conditions; History -- Philosophy
[end of page #120]
proverbs are, that what is every body's business is nobody's,) the
lawyers must encroach on the public, and they have done so to a most
alarming degree.
In this case, it is not, as in others, where the great cut out work for and
employ the small. No. The great generally (indeed almost always)
begin with the advice and by the means of an attorney, who is only
supposed to understand law-practice. The proceeding does not
originate with the council, who could form some judgment of the
justice of the case, so that a mean petty-fogging attorney may, for a
trifle, which he puts into his own pocket, ruin two ignorant and honest
men; he may set the ablest council to work, and occupy, for a time, the
courts of justice, to the general interruption of law, and injury of the
public.
This is, perhaps, one of the greatest and most crying evils in the land,
and calls out the most loudly for redress, as the effects are very
universal. In a commercial country, so many interests clash, and there
are such a variety of circumstances, that the vast swarms of attorneys,
who crowd the kingdom, find no difficulty in misleading one of the
parties, and that is the cause of most law-suits.
As commercial wealth increases the evil augments, not in simple
proportion, but in a far more rapid progression; first, in proportion to
the wealth and gain to be obtained, and, secondly, according to the
opportunities which augment with the business done.
In addition to the real dead expense, the loss of time, the attention, and
the misfortune and misery occasioned by the law, are terrible evils;
and, if ever the moment comes, that a general dissatisfaction prevails,
it will be the law that will precipitate the evil.
The mildness of the civil laws in France, and the restraints under
which lawyers are held, served greatly to soften the rigours of the
revolution for the first two years. Had they possessed the power and
the means they do in England, the revolution must have become much
more terrible than it was at the first outset.
The lawyers owe all their power to the nature of the government. An
arbitrary monarch will have no oppressor but himself, but here the
[end of page #121] different interests are supposed to be poised; and
when they are, all goes right, but, when they happen not to be so, the
most active interest carries the day.
Though the law is the greatest of those bodies that is of a different
interest from the public at large, yet there are some others deserving
notice, and requiring reformation. It is the interest of all those who are
connected with government to do away abuses that tend to endanger
its security, or diminish its resources.
Public-domain text, read in full here on John Shaqi.
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