Human Nature in Politics: Third EditionWallas, Graham
Science
Human Nature in Politics: Third Edition
Wallas, Graham
Political ethics; Politics, Practical
A series of laws have, for instance, been passed in the United Kingdom
during the last thirty or forty years, each of which had little
conscious connection with the rest, but which, when seen as a whole,
show that government now tends to regulate, not only the process of
ascertaining the decision of the electors, but also the more complex
process by which that decision is formed; and that this is done not in
the interest of any particular body of opinion, but from a belief in the
general utility of right methods of thought, and the possibility of
securing them by regulation.
The nature of this change may perhaps be best understood by comparing it
with the similar but earlier and far more complete change that has taken
place in the conditions under which that decision is formed which is
expressed in the verdict of a jury. Trial by jury was, in its origin,
simply a method of ascertaining, from ordinary men whose veracity was
secured by religious sanctions, their real opinions on each case.[72] The
various ways in which those opinions might have been formed were matters
beyond the cognisance of the royal official who called the jury
together, swore them, and registered their verdict. Trial by jury in
England might therefore have developed on the same lines as it did in
Athens, and have perished from the same causes. The number of the jury
might have been increased, and the parties in the case might have hired
advocates to write or deliver for them addresses containing distortions
of fact and appeals to prejudice as audacious as those in the _Private
Orations_ of Demosthenes. It might have become more important that the
witnesses should burst into passionate weeping than that they should
tell what they knew, and the final verdict might have been taken by a
show of hands, in a crowd that was rapidly degenerating into a mob. If
such an institution had lasted up to our time, the newspapers would have
taken sides in every important case. Each would have had its own version
of the facts, the most telling points of which would have been reserved
for the final edition on the eve of the verdict, and the fate of the
prisoner or defendant would often have depended upon a strictly party
vote.
[72] See, _e.g._, Stephen, _History of the Criminal Law_, vol. i. pp.
260-72.
But in the English jury trial it has come to be assumed, after a long
series of imperceptible and forgotten changes, that the opinion of the
jurors, instead of being formed before the trial begins, should be
formed in court. The process, therefore, by which that opinion is
produced has been more and more completely controlled and developed,
until it, and not the mere registration of the verdict, has become the
essential feature of the trial.
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