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
In this country, however, the Puritans and the Pilgrims approved of
neither the common law nor the English judicial system, and as lawyers
were only part of that system, they considered the abolition of the
profession from their society as an end devoutly to be wished for and
promptly sought. Among the Pilgrim fathers there was not a single
lawyer, while among the Puritans there were only four or five who had
been educated as lawyers and even they had never practiced. The
consequence was that during the seventeenth century and far into the
eighteenth, lawyers had little place in the social or political
institutions of the colonies. In New England there was a theocracy. The
judges--none of them lawyers--were all either ministers or directly
under the influence of the clergy. A colonial common law grew up among
them, based on a theological reasoning and was really administered
without lawyers. In the Massachusetts body of liberties, it was provided
that a man unfit to plead might employ a person not objectionable to the
Court to plead for him, on condition that he give him no fee or reward.
In 1663 a usual or common attorney was prohibited from sitting in the
general court.
As society progressed, however, as commerce and trade increased, as
wealth grew, as business transactions became more extended and as
learning spread from the clergy to other persons, opportunity and
inducement were furnished for the study of the law, and professional
training became more general. The crying need for a learned and
honorable profession of the law was made manifest by the growth of a
class of advocates and advisers whose influence was most pernicious.
Litigants needed guidance in the presentation of their cases and no
learned profession being available, the underbailiffs, undersheriffs,
clerks and other underlings of the administration of justice began to
practice, without real knowledge. Greedy and lacking in principle, they
developed trickery and stirred up litigation for their own profit, just
as their predecessors had done three hundred years before in England.
Colonial statutes were then passed, forbidding such underlings of the
court to practice law at all. But lawyers were not popular in colonial
days even after the Bar became able and respectable. In fact a bitter
spirit was manifested against lawyers even as late as Shays's Rebellion
after the Revolutionary War.
Public-domain text, read in full here on John Shaqi.
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