Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
The administration of justice in this country is to some extent
idealised by the world at large. Certainly, there is honesty of purpose
in the word and act of every English judge. But where the law is wrong
the most painstaking and conscientious judge can hardly be right.
Then, again, for example, where a judge is compelled to combine three
distinct and separate jurisdictions in one, as in Probate, Divorce, and
Admiralty, the machinery of justice must sometimes tend to clog. It is
also utterly incongruous for the same judge to be expected to perfect
himself in three subjects so widely different in character. What, for
instance, could be further removed from the troubles of a man and his
wife than the navigation of ships on the high sea? Probably a liability
to collision is the only point in common! Probate is less remote in one
sense and equally so in another. It is almost grossly anomalous to run
these three branches of law and legal training in the same division,
presided over by the same judges. Probate should be shifted to the
Chancery Division, Admiralty to the King’s Bench, and Divorce might be
allowed a little court of its own.
Before 1858 matrimonial causes were in the jurisdiction of the
Ecclesiastical Courts, which by the grace of God and the law of the
land are now almost limited to the punishment of ecclesiastical black
sheep--a sufficient occupation, perhaps, in itself! Actual divorce, by
the way, was only possible in those days by means of a Private Act of
Parliament. (This method still applies in Ireland.)
Public-domain text, read in full here on John Shaqi.
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