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
Not even now have we reached the end of these impolitic selections.
The general principle on which we have been insisting, and which is
recognized by expounders of the constitution when they teach that
the legislative and executive divisions of the Government should be
distinct—this general principle is yet further sinned against; though
not in so literal a manner. For though they do not take State-pay, and
are not nominally Government-officers, yet, {298} practically, lawyers
are members of the executive organization. They form an important part
of the apparatus for the administration of justice. By the working of
this apparatus they make their profits; and their welfare depends on
its being so worked as to bring them profits, rather than on its being
so worked as to administer justice. Exactly as military officers have
interests distinct from, and often antagonistic to, the efficiency
of the army; so, barristers and solicitors have interests distinct
from, and often antagonistic to, the cheap and prompt enforcement of
the law. And that they are habitually swayed by these antagonistic
interests, is notorious. So strong is the bias, as sometimes even
to destroy the power of seeing from any other than the professional
stand-point. We have ourselves heard a lawyer declaiming on the damage
which the County-Courts-Act had done to the profession; and expecting
his non-professional hearers to join him in condemning it there-for!
And if, as all the world knows, the legal conscience is not of the
tenderest, is it wise to depute lawyers to frame the laws which they
will be concerned in carrying out; and the carrying out of which must
affect their private incomes? Are barristers, who constantly take fees
for work which they do not perform, and attorneys, whose bills are so
often exorbitant that a special office has been established for taxing
them—are these, of all others, to be trusted in a position which would
be trying even to the most disinterested? Nevertheless, the towns and
counties of England have returned to the present House of Commons 98
lawyers—some 60 of them in actual practice, and the rest retired,
but doubtless retaining those class-views acquired during their
professional careers.
Public-domain text, read in full here on John Shaqi.
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