Our courts of justice are still pervaded by the barbaric notion of the
duel. We arrange a brilliant tournament, and are interested not so much in
the investigation of truth as in the question of who will “win.” We cannot
hope for any immediate radical change in this method, but it is our duty
to do all that we can to strengthen those elements in our courts which
are concerned, not with the gaining of a cause, but with the investigation
of truth. This and all other reforms in our methods of dealing with the
criminal, as I have already pointed out, and would again insist, cannot be
attained by a mere administrative _fiat_; nor is it desirable that they
should be. Before any reform can be safely embodied in the law it must
first be embodied in the popular consciousness. We need here, as in so
many other fields of our social life, a strong body of intelligent and
educated opinion. This must accompany that revival, under the inspiration
of the methods of natural science, of that science of jurisprudence which
is at present the most stationary and scholastic of all the sciences.
These problems are every day becoming more pressing. The level of
criminality, it is well known, is rising, and has been rising during the
whole of the present century, throughout the civilised world. In France,
in Germany, in Italy, in Belgium, in Spain, in the United States, the tide
of criminality is becoming higher steadily and rapidly. In France it has
risen several hundred per cent.; so also for several kinds of serious
crime in many parts of Germany; in Spain the number of persons sent to
perpetual imprisonment nearly doubled between 1870 and 1883; in the United
States the criminal population has increased since the war, relatively to
the population, by one-third. There is, no doubt, room for fallacy in many
of these statistics; various circumstances serve to modify such figures--a
greater or less intolerance of crime, more or less success in capturing
criminals, and variations in the methods of dealing with them. On the
whole, however, there seems to be a general agreement that the increase is
real.
Public-domain text, read in full here on John Shaqi.
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