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
Christianity, to administer charity, to teach children their lessons,
to adjust prices of food, to inspect coal-mines, to regulate railways,
to superintend house-building, to arrange cab-fares, to look into
people’s stink-traps, to vaccinate their children, to send out
emigrants, to prescribe hours of labour, to examine lodging-houses, to
test the knowledge of mercantile captains, to provide public libraries,
to read and authorize dramas, to inspect passenger-ships, to see that
small dwellings are supplied with water, to regulate endless things
from a banker’s issues down to the boat-fares on the Serpentine—is it
not manifest that its primary duty must be ill-discharged in proportion
to the multiplicity of affairs it busies itself with? Must not its
time and energies be frittered away in schemes, and inquiries, and
amendments, in discussions, and divisions, to the neglect of its
essential business? And does not a glance over the debates make it
clear that this is the fact? and that, while parliament and public are
alike occupied with these mischievous interferences, these Utopian
hopes, the one thing needful is left almost undone?
[34] _Edinburgh Review_, April, 1839.
See here, then, the proximate cause of our legal abominations. We drop
the substance in our efforts to catch shadows. While our firesides,
and clubs, and taverns are {272} filled with talk about corn-law
questions, and church questions, and education questions, and poor-law
questions—all of them raised by over-legislation—the justice question
gets scarcely any attention; and we daily submit to be oppressed,
cheated, robbed. This institution which should succour the man who
has fallen among thieves, turns him over to solicitors, barristers,
and a legion of law-officers; drains his purse for writs, briefs,
affidavits, subpœnas, fees of all kinds and expenses innumerable;
involves him in the intricacies of common courts, chancery courts,
suits, counter-suits, and appeals; and often ruins where it should
aid. Meanwhile, meetings are called, and leading articles written,
and votes asked, and societies formed, and agitations carried on, not
to rectify these gigantic evils, but partly to abolish our ancestors’
mischievous meddlings and partly to establish meddlings of our own. Is
it not obvious that this fatal neglect is a result of this mistaken
officiousness? Suppose that external and internal protection had been
the sole recognized functions of the ruling powers. Is it conceivable
that our administration of justice would have been as corrupt as now?
Can any one believe that had parliamentary elections been habitually
contested on questions of legal reform, our judicial system would
still have been what Sir John Romilly calls it,—“a technical system
invented for the creation of costs?” Does any one suppose that, if
the efficient defence of person and property had been the constant
subject-matter of hustings pledges, we should yet be waylaid by a
Public-domain text, read in full here on John Shaqi.
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