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
How vast then is the negative evil which, in addition to the positive
evils before enumerated, this meddling policy entails on us! How many
are the grievances men bear, from which they would otherwise be free!
Who is there that has not submitted to injuries rather than run the
risk of heavy law-costs? Who is there that has not abandoned just
claims rather than “throw good money after bad?” Who is there that
has not paid unjust demands rather than withstand the threat of an
action? This man can point to property that has been alienated from
his family from lack of funds or courage to fight for it. That man can
name several relations ruined by a law-suit. Here is a lawyer who has
grown rich on the hard earnings of the needy and the savings of the
oppressed. There is a once wealthy trader who has been brought by legal
iniquities to the workhouse or the lunatic asylum. The badness of our
judicial system vitiates our whole social life: renders almost every
family poorer than it would otherwise be; hampers almost every business
transaction; inflicts daily anxieties on every trader. And all this
loss of property, time, temper, comfort, men quietly submit to from
being absorbed in the pursuit of schemes which eventually bring on them
other mischiefs.
Nay, the case is even worse. It is distinctly proveable that many of
these evils about which outcries are raised, and to cure which special
Acts of Parliament are loudly invoked, are themselves _produced_
by our disgraceful judicial system. For example, it is well known
that the horrors out of which our sanitary agitators make political
capital, {275} are found in their greatest intensity on properties
that have been for a generation in Chancery—are distinctly traceable
to the ruin thus brought about; and would never have existed but for
the infamous corruptions of law. Again, it has been shown that the
long-drawn miseries of Ireland, which have been the subject of endless
legislation, have been mainly produced by inequitable land-tenure
and the complicated system of entail: a system which wrought such
involvements as to prevent sales; which practically negatived all
improvement; which brought landlords to the workhouse; and which
required an Incumbered Estates Act to cut its gordian knots and render
the proper cultivation of the soil possible. Judicial negligence, too,
is the main cause of railway accidents. If the State would fulfil
its true function, by giving passengers an easy remedy for breach of
contract when trains are behind time, it would do more to prevent
accidents than can be done by the minutest inspection or the most
cunningly-devised regulations; for it is notorious that the majority
of accidents are primarily caused by irregularity. In the case of bad
house-building, also, it is obvious that a cheap, rigorous, and certain
administration of justice, would make Building Acts needless. For is
not the man who erects a house of bad materials ill put together, and,
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