Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Knowledge is no longer a matter of water-tight compartments. “All good
work is one,” says Wells in “Joan and Peter.” Law touches psychology
in its treatment of the defective and insane, medicine and surgery
in industrial accidents and disease, political science in municipal
corporations, economics in taxation, philosophy in its selection of the
purposes it should strive to accomplish. And this is a meagre list.
The greatest need of American law is the establishment of means for
intelligent mutual understanding and effective co-operation, not merely
between lawyers and experts in such other fields as those mentioned,
but between lawyers and the mass of our population, who fill the jails,
pay the taxes, drink city water, get hurt in factories, buy, sell,
invest, build homes, and leave it all to their children when they die.
For these men and women have a right to complain of our law. Its evils
are not those commonly decried, lawyers to defend the guilty, reliance
on precedents instead of common sense, bribed judges. The real defect
is failure to keep up to date. Many existing legal rules have the same
fault as New York surface-cars before the subway or Hoboken Ferries
before the tubes. They were good in their day, but it has gone by and
they cannot handle the traffic. The system formulated by Story and
Kent worked well for the farms, small factories, and small banks of
their time, but the great development of national resources and crowded
cities presented new situations unsuited to the old legal rules, and
kept men too busy for the constructive leisure necessary for thinking
out a new system. The law became a hand-to-mouth affair, deciding each
isolated problem as it arose, and often deciding it wrong. Yet lawyers
were satisfied with law, just as business men with business. Then came
the agitation of the last fifteen years, which has at least made us
discontented about many things. The next task is to stop calling each
other names, sit down together, think matters through to a finish,
and work together to complete the process which is farther along than
we realize, of making over the common law system of an agricultural
population a century ago to meet the needs of the city-dwelling America
of to-day.
Public-domain text, read in full here on John Shaqi.
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