France -- Description and travel; France -- Social life and customs
I mention this case, for I think it rather illustrative of English
justice. Indeed, it is not easy to see how it well can be otherwise:
when society is divided into castes, the weak must go to the wall. I
know that the theory here is quite different, and that one of the boasts
of England is the equality of its justice; but I am dealing in _facts_,
and not in theories. In America it is thought, and with proper
limitations I dare say justly, that the bias of juries, in the very
lowest courts, is in favour of the poor against the rich; but the right
of appeal restores the balance, and, in a great degree, secures justice.
In each case it is the controlling power that does the wrong; in England
the few, in America the many.
In France, as you probably know, juries are confined to criminal cases.
The consequence is, a continuance of the old practice of soliciting
justice. The judge virtually decides in chambers, and he hears the
parties in chambers, or, in other words, wherever he may choose to
receive them. The client depends as much on external influence and his
own solicitations, as on the law and the justice of his case. He visits
the judge officially, and works upon his mind by all the means in his
power. You and I have been acquainted intimately from boyhood, and it
has been my bad luck to have had more to do with the courts than I could
wish; and yet, in all the freedom of an otherwise unfettered
intercourse, I have never dared to introduce the subject of any suit in
which I have been a party. I have been afraid of wounding your sense of
right, to say nothing of my own, and of forfeiting your esteem, or at
least, of losing your society. Now had we been Frenchmen, you would have
expected me to _solicit_ you; you would probably have heard me with the
bias of an old friend; and my adversary must have been a singularly
lucky fellow, or you a very honest one, if he did not get the worst of
it, supposing the case to admit of doubt. Formerly, it was known that
influence prevailed; bribes were offered and received, and a suit was a
contest of money and favouritism rather than one of facts and
principles.
Public-domain text, read in full here on John Shaqi.
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