Ethics in ServiceTaft, William H. (William Howard)
Philosophy
Ethics in Service
Taft, William H. (William Howard)
Legal ethics; Presidents -- United States; United States -- Politics and government
"Most men are allured to the trade of law, grounding their purposes
not on the prudent and heavenly contemplation of justice and
equity, which was never taught them, but on the promising and
pleasing thoughts of litigious terms, fat contentions and flowing
fees."
As examples of a lawyer's reputation in London in the seventeenth
century, Mr. Warren cites the titles of the following tracts printed at
that time: "The Downfall of Unjust Lawyers"; "Doomsday Drawing Near
with Thunder and Lightning for Lawyers"; "A Rod for Lawyers who are
Hereby declared Robbers and Deceivers of the Nation"; "Essay where is
Described the Lawyers, Smugglers and Officers Frauds."
I note these facts as I progress to indicate and reinforce my original
statement that the present time is not the only time in the history of
civilization when lawyers have received the condemnation of their fellow
subjects or fellow citizens. Yet not only has the profession survived
such movements but its usefulness has been recognized in succeeding
crises.
I need hardly mention that most of the progress toward individual
liberty in English history was made through the successful struggle of
the lawyers against the assertion of the divine right of Kings and
through the defence of privilege by members of our profession. Lawyers
like Lord Coke and Lord Hale stand out in the profession for their
maintenance of the independence of the judiciary and their support of
the liberties of subjects. The great charters, the Petition of Right,
the Habeas Corpus Act, the Bill of Rights, and the Acts of Settlement,
establishing the judiciary independent of Royal control, were obtained
at the instance of lawyers who knew better than any other class the
absolute necessity for such reforms in the maintenance of free
institutions.
The evolution of the Bar in this country during colonial
times--especially in New England--was a curious counterpart of the
history of the English Bar three centuries before. The founders of New
England came here to escape a persecution for their religious beliefs
and law was closely connected in their minds with the injustices, the
inequalities and the rigid hardships of the common law as administered
by judges appointed and removable at the will of the Tudors and Stuarts.
At that time lawyers exercising their profession were the instruments of
a system that had become non-progressive. They had lost the principles
of justice in technicalities and had become mere political tools in the
hands of tyrants. But in England, the law soon lost its narrowing, hard
and inflexible character through the intervention of courts of equity
and through the genius and broad views of great judges of common law
like Mansfield. It was modified further by the civil law and by the
needs of a developing world commerce, and after the action of the Long
Parliament and the Revolution it was no longer used as an instrument of
tyranny.
Public-domain text, read in full here on John Shaqi.
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