Reflections and Comments 1865-1895Godkin, Edwin Lawrence
General
Reflections and Comments 1865-1895
Godkin, Edwin Lawrence
Essays
Now, rules of this kind are singularly unsuited to the conduct of
inquiries touching character. It is true the law provides a process
nominally for the vindication of character, called an action for
libel, but the remedy it supplies is not a vindication properly so
called, but a sum of money as a kind of penalty on the libeller, not
for having assailed you, but for not having been able to prove his
case under the rules of evidence. In a suit for libel, too, the
parties fight their battle in the strict legal order--the plaintiff,
that is to say, stands by and challenges the defendant to produce
his proofs, and then fights bitterly through his counsel to keep out
as much of the proof as he can. He supplies no evidence himself that
is not strictly called for, and proffers no explanation that does
not seem necessary to procure an award of pecuniary damages, and
takes all the pains possible to bring confusing influences to bear
on the jury. When we consider, too, that the jury is composed of men
who may be said to be literally called in from the street, without
the slightest regard to their special qualifications for the conduct
of any inquiry, and that they are apt to represent popular passions
and prejudices in all conspicuous and exciting cases, we easily see
why a trial by a jury, under the common-law rules of evidence, is
not the process through which a high-minded man who sought not for
"damages," but to keep his reputation absolutely spotless in the
estimation of his neighbors, would naturally seek his vindication.
It cannot be too often said, in these times when great reputations
are so often assailed and so often perish, that nobody who has not
deliberately chosen the life of a stoical recluse is justified
either in refusing to defend his reputation or in defending it by
technical processes if any others are within his reach. It is, of
course, open to any man to say that he cares nothing for the opinion
of mankind, and will not take the trouble to influence it in any
manner in regard to himself. But, if he says so, he is bound not to
identify with himself, in any manner, either great interests or
great causes. If he makes himself the champion of other people's
rights, or the exponent of important principles, or has through any
power of his achieved an influence over other people's minds
sufficiently great to make it appear that certain doctrines or ideas
must stand or fall by him, he has surrendered his freedom in all
that regards the maintenance of his fame.
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