Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.Spencer, Herbert
Philosophy
Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.
Spencer, Herbert
Philosophy; Political science; Science
promiscuous crowding but improves by mild discipline; which does not
pauperize by charity but encourages providence; which does not increase
our taxes, but is self-supporting. Here are lessons for the lovers of
legislation. The State outdone by a working shoemaker! The State beaten
by a woman!
Stronger still becomes this contrast between the results of public
action and private action, when we remember that the one is constantly
eked out by the other, even in doing the things unavoidably left to
it. Passing over military and naval departments, in which much is done
by contractors and not by men receiving government pay,—passing over
the Church, which is constantly extended not by law but by voluntary
effort—passing over the Universities, where the efficient teaching is
given not by the appointed officers but by private tutors; let us look
at the mode in which our judicial system is worked. Lawyers perpetually
tell us that codification is impossible; and some are simple enough
to believe them. Merely remarking, in passing, that what government
and all its employés cannot do for the Acts of Parliament in general,
was done for the 1500 Customs acts in 1825 by the energy of one
man—Mr. Deacon Hume—let us see {259} how the absence of a digested
system of law is made good. In preparing themselves for the bar, and
finally the bench, law-students, by years of research, have to gain
an acquaintance with this vast mass of unorganized legislation; and
that organization which it is held impossible for the State to effect,
it is held possible (sly sarcasm on the State!) for each student to
effect for himself. Every judge can privately codify, though “united
wisdom” cannot. But how is each judge enabled to codify? By the
private enterprise of men who have prepared the way for him; by the
partial codifications of Blackstone, Coke, and others; by the digests
of Partnership Law, Bankruptcy Law, Law of Patents, Laws affecting
Women, and the rest that daily issue from the press; by abstracts of
cases, and volumes of reports—every one of them unofficial products.
Sweep away all these fractional codifications made by individuals, and
the State would be in utter ignorance of its own laws! Had not the
bunglings of legislators been made good by private enterprise, the
administration of justice would have been impossible!
[33] See “Statistical Reports on the Sickness, Mortality, and
Invaliding amongst the Troops.” 1853.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account