Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
allowing a debtor three days beyond the time of payment named in his
note. They said that when a man had promised to pay a debt on May 1,
it was un-American not to let him wait till May 4. Again, a committee
of very able New York lawyers recently drew a short Practice Act
setting forth the main requirements for the conduct of a law-suit, and
leaving the details to the judges, who may be supposed to know more
about their own work than the legislature. Similar laws have long been
in successful operation in England, Massachusetts, and Connecticut,
whereas the existing New York Code of Civil Procedure with its
thousands of sections has been a vexatious source of delay and disputes
in the press of urban litigation. The new measure was an admirable and
thorough piece of work, endorsed by the Bar Associations of New York
City and the State. Yet it was killed by the age-long opposition of the
country to the town. Upstate lawyers, less harassed by the old Code
because of uncrowded rural dockets, objected to throwing over their
knowledge of the existing system and spending time to learn a new and
better one. The legislature hated to give more power to the courts. As
a result, the new bill was scrapped, and nothing has been done after
years of agitation except to renumber the sections of the old Code with
a few improvements.
Another factor in law reform is the existence of fifty legal systems
in one nation. Even if the law is modernized in one State, the
objectionable old rule will remain in the other forty-seven until
their legislatures are persuaded by the same tedious process. On the
other hand, this diversity has its merits. Some of the progressive
Western States serve as experiment stations for testing new legal
and governmental schemes. Still more important, the limitations on
legal experimentation are somewhat offset by the opportunities for
observation of the workings of different legal rules in neighbouring
States. The possibilities of this comparative method for judging the
best solution of a legal problem have not yet been fully utilized. For
example, a dispute has long raged whether it is desirable to compel a
doctor to disclose professional secrets on the witness-stand without
the patient’s consent. About half the States require him to keep
silent. The reasons given are, that patients will seek medical aid
less freely if their confidences may be disclosed; doctors would lie
to shield their patients; some doctors are hired by employers to treat
workmen injured in accidents and will try to get evidence on behalf of
the employers if they are allowed to testify. So far, the discussion
has turned on the probability or improbability that these arguments
represent the facts, and neither side has collected the facts. The
discussion could be brought down to earth by an investigation in New
York which has the privilege, and Massachusetts, where secrecy is
not maintained. Are doctors less consulted in Massachusetts, do they
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