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
Chancery Court which has now more than two hundred millions of property
in its clutches?—which keeps suits pending fifty years, until all the
funds are gone in fees—which swallows in costs two millions annually?
Dare any one assert that had constituencies been always canvassed
on principles of law-reform versus law-conservatism, Ecclesiastical
Courts would have continued for centuries fattening on the goods of
widows and orphans? The questions are next to absurd. A child may {273}
see that with the general knowledge people have of legal corruptions
and the universal detestation of legal atrocities, an end would long
since have been put to them, had the administration of justice always
been _the_ political topic. Had not the public mind been constantly
pre-occupied, it could never have been tolerated that a man neglecting
to file an answer to a bill in due course, should be imprisoned
fifteen years for contempt of court, as Mr. James Taylor was. It would
have been impossible that, on the abolition of their sinecures, the
sworn-clerks should have been compensated by the continuance of their
exorbitant incomes, not only till death, but for seven years after,
at a total estimated cost of £700,000. Were the State confined to its
defensive and judicial functions, not only the people but legislators
themselves would agitate against abuses. The sphere of activity and
the opportunities for distinction being narrowed, all the thought,
and industry, and eloquence which members of Parliament now expend on
impracticable schemes and artificial grievances, would be expended in
rendering justice pure, certain, prompt, and cheap. The complicated
follies of our legal verbiage, which the uninitiated cannot understand
and which the initiated interpret in various senses, would be quickly
put an end to. We should no longer frequently hear of Acts of
Parliament so bunglingly drawn up that it requires half a dozen actions
and judges’ decisions under them, before even lawyers can say how they
apply. There would be no such stupidly-designed measures as the Railway
Winding-up Act, which, though passed in 1846 to close the accounts
of the bubble schemes of the mania, leaves them still unsettled in
1854—which, even with funds in hand, withholds payment from creditors
whose claims have been years since admitted. Lawyers would no longer
be suffered to maintain and to complicate the present absurd system
of land titles, which, besides the litigation and loss it perpetually
causes, lowers the value of estates, prevents the {274} ready
application of capital to them, checks the development of agriculture,
and thus hinders the improvement of the peasantry and the prosperity
of the country. In short, the corruptions, follies, and terrors of law
would cease; and that which men now shrink from as an enemy they would
come to regard as what it purports to be—a friend.
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