To be certain of justice in all circumstances you must have not only
an infallible law, but also an infallible judge and an infallible
method of criminal administration. It is a truism to say that this is
an impossibility, and every now and again society will have to submit
to be shocked by the revelation of a palpable miscarriage of justice.
At the same time it is important to take every possible precaution
against the occurrence of such distressing accidents. This can only
be effected by placing the administration of the law in all its
departments, from the policeman to the Home Secretary, in the hands of
thoroughly competent officials who have not only their heart, but what
is equally important, their head in the work. When this is done, and
if these officials are not embarrassed by public clamour in the
performance of their duties (honest criticism will do them good), all
will have been accomplished which it is possible to get in the way of
effective and enlightened administration of the law.
In the next place it may be possible to mitigate the operation of our
present poor law system in all cases of destitution through
misadventure. Some prominent politicians--and I believe among them Mr.
Morley--appear to be in favour of this course; and at a recent meeting
of the British Association, Professor Alfred Marshall was inclined to
the belief that a much larger discrimination might be allowed than now
exists in the administration of out-door relief in cases of actual
want; and also that separate and graduated workhouses might be
established for the deserving poor. It will be admitted on all hands
that proposals of this character land us on very delicate ground, and
require the most mature consideration. Even now the inmate of a
workhouse is often better supplied with food, clothing, and shelter
than the poor labourer, who has to pay taxes to support him. If the
condition of that inmate is made still more comfortable, will it be
possible to prevent hundreds and thousands of the very poor, who now
keep outside these institutions, from immediately crowding into them
as soon as the slightest economic difficulties arise? Almost all
philanthropic schemes, and especially all such schemes when supported
by the public purse, have a tendency to be administered with more and
more laxity as time goes on; and a scheme of this kind, if carried
into law, would require to be managed with the utmost circumspection
in order to avoid pauperising great masses of the community.
Public-domain text, read in full here on John Shaqi.
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