Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
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Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
Even in this country we have had complaints of judge-made law; even in
this country, where the standard of morality is higher than in almost
any other part of the world; where, during several generations, not
one depositary of our legal traditions has incurred the suspicion of
personal corruption; where there are popular institutions; where every
decision is watched by a shrewd and learned audience; where there is an
intelligent and observant public; where every remarkable case is fully
reported in a hundred newspapers; where, in short, there is everything
which can mitigate the evils of such a system. But judge-made law, where
there is an absolute government and a lax morality, where there is no
bar and no public, is a curse and a scandal not to be endured. It is
time that the magistrate should know what law he is to administer, that
the subject should know under what law he is to live. We do not mean
that all the people of India should live under the same law: far from
it: there is not a word in the bill, there was not a word in my right
honourable friend's speech, susceptible of such an interpretation.
We know how desirable that object is; but we also know that it is
unattainable. We know that respect must be paid to feelings generated by
differences of religion, of nation, and of caste. Much, I am persuaded,
may be done to assimilate the different systems of law without wounding
those feelings. But, whether we assimilate those systems or not, let us
ascertain them; let us digest them. We propose no rash innovation; we
wish to give no shock to the prejudices of any part of our subjects. Our
principle is simply this; uniformity where you can have it: diversity
where you must have it; but in all cases certainty.
Public-domain text, read in full here on John Shaqi.
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