Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Moreover, we do not deal fairly by the judges chosen under existing
systems. After they have been selected, they should have more
opportunity to study the special duties of their position before
beginning work, and more leisure amid trials and opinions for general
legal reading and for observation of the complexities of modern
life which are inevitably involved in their decisions, especially
on constitutional questions. Most litigation grows out of urban and
industrial conditions, with which State supreme court judges may easily
get out of touch, if they remain continuously in the State House in a
small upstate city like Springfield, Albany, or Sacramento, with little
opportunity to visit the factories and tenements of Chicago, New York,
and San Francisco. It may also be doubted whether our usual system
which restricts some judges to trials and others to appellate work is
wise; an occasional change from one to the other is both refreshing
and instructive. Judges frequently complain of the monotony of their
work, cooped up with a few associates of similar mental interests, so
that the atmosphere may acquire the irritability of a boarding-house.
It is not generally understood how much judges are cut off from other
men. Close intimacy with their former friends at the bar or with
wealthy business men who may have cases before them, is sure to cause
talk. Graham Wallas’s suggestion of an occasional transfer to active
work of a semi-judicial character, like Judge Sankey’s chairmanship of
the English Coal Commission, seems valuable. Our Interstate Commerce
Commission would provide such an opportunity. Finally, the existing
gulf between courts and law schools might be narrowed by summer
conferences on growing-points in the law, where each side could give
much out of its experience to the other.
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