Democracy; France -- Politics and government; Mental efficiency
The democrat is therefore profoundly convinced of two things; first,
that all men are equal and that there is no such thing as inferiority or
failing, and secondly, that what men call faults are really natural
characteristics of great interest. He believes that faults are popular
prejudices invented by intriguers, priests, nobles and rulers, for their
own base purposes to inspire the poor with humility. He looks upon this
sense of inferiority as a curb on the people's power, all the more
potent that it works from within and has a paralysing effect on its
energy. He is persuaded that, from this point of view, politeness is an
aristocratic instrument of tyranny.
This explains why, when the wave of democracy swept over France, it
brought with it a perfect frenzy of rudeness, all the more curious in a
nation remarkable for courtesy. It was an affirmation that, appearances
notwithstanding, neither superiorities nor excellences of human
character had any real existence.
Rudeness is democratic.
CHAPTER X.
PROFESSIONAL CUSTOMS.
The contempt for efficiency is carried far even in the liberal
professions and in professional customs. We all know the story, perhaps
a mythical one, of the judge who said to an earnest young barrister who
was conscientiously elaborating a question of law: "Now, Mr. So and So,
we are not here to discuss questions of law but to settle this
business." He did not say this by way of jest; he wished to say: "The
courts no longer deliver judgment on the merits of a case according to
law, but according to equity and common sense. The intricacies of the
law are left to professors, so please when conducting a case do not
behave like a professor of law." This theory, which even in this mild
form would have horrified the ancients, is very prevalent nowadays in
legal circles. It has crept in as an infiltration, as one might call it,
from the democratic system.
A magistrate, nowadays, whatever remnant of the ancient feeling of caste
he may have retained, certainly does not consider himself bound by the
letter of the law, or by jurisprudence, the written tradition; when he
is anything more than a subordinate with no other idea of duty than
subservience to the Government, he is a democratic magistrate, a Heliast
of Athens; he delivers judgment according to the dictates of his
individual conscience; he does not consider himself as a member of a
learned body, bound to apply the decisions of that body, but as an
independent exponent of the truth.
An eccentric, but in truth very significant, example of the new attitude
of mind is to be found in the judge, who formally attributed to himself
the right to make law and who in his judgments made references, not to
existing laws, but to such vague generalities as appealed to him, or to
doctrines which he prophesied would _later on_ be embodied in the law.
His Code was the Code of the future.
Public-domain text, read in full here on John Shaqi.
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