Social Environment and Moral ProgressWallace, Alfred Russel
Philosophy
Social Environment and Moral Progress
Wallace, Alfred Russel
Natural selection; Social ethics
When we read about the Turkish or other Eastern law courts, in which
direct bribery of every official up to the judge himself is a regular
feature, we are horrified, and are apt to proclaim the fact that our
judges never take bribes. But, practically, it comes to very nearly
the same thing in England. No single step can be made for the purpose
of getting justice without paying fees; while the whole process of
bringing or defending an action-at-law is so absurdly complex as to
be almost incredible. Jeremy Bentham satirised this by supposing a
father of a large family to adopt the same method of settling a dispute
between two of his sons. He would not hear either of them himself, but
each must tell his story to a stranger (a solicitor), who wrote it
down and then instructed another stranger (a barrister) to explain it
to the father (as judge) and twelve neighbours (the jury). Then the
stranger (barrister) on each side asked questions of all the family who
knew anything about it; and the barristers, who had only third-hand
knowledge of the facts, tried to make each witness contradict himself,
or to acknowledge having done something as bad another time; till the
jury became quite puzzled, and often decided as the cleverest of the
barristers told them.
That is really the system of law courts to this day; and it is grossly
unfair, because the party who can pay the highest fees for the
services of the most experienced counsel is most likely, through the
lawyer's skill and eloquence, to secure a verdict in his favour. Yet
there is no effective protest against this unjust and absurd system,
which absolutely denies all redress of wrongs to the poor man when
oppressed by a rich one. One would think it self-evident that justice
ceases to be justice when it has to be paid for. But the system is
so time-hallowed, the profession of a barrister so honoured, and its
rewards so great, that it will never be abolished till there comes
about in our social system that fundamental change which will cut at
the very root-cause of almost all our existing law-suits, immorality
and crime.
Public-domain text, read in full here on John Shaqi.
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