Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Nowadays the Judges are merely servants of the law, like policemen and
bailiffs and the hangman. Nor does the King make the laws, nor are there
in theory any professional Lawgivers. The people--or at least so many of
the people as get on the register and trouble to vote--make their own
laws, or are supposed to do so. At least they have the power of choosing
their representatives and servants to make what laws they want.
If, therefore, a sufficient number of men in the street greatly desired
amendment of the law in this or that direction, I have no doubt it would
come about. But very few of the problems that trouble me come before the
eyes of the average man in the course of his daily life, and he is
scarcely to be blamed for not trying to mend that which he has not
observed is broken and worn out.
One man may know at first hand the story of a home ruined by reckless
credit and imprisonment for debt, another may know a cruel case of lives
blighted by our unequal divorce laws, a third may have seen the sad
spectacle of an injured workman sinking from honest independence to
neurasthenic malingering by reason of the poisonous litigious atmosphere
of the Workmen's Compensation Act.
I can never understand why men and women hunger after the tedious, unreal,
drab scandals portrayed in a repertory theatre when they could take a hand
at unravelling the real problem plays of life in the courts and alleys of
the city they live in. Real misery and wretchedness is at least as
pathetic as the sham article, and if you do your theatre-going in a real
police court you may learn to become a better citizen.
Not that I advise all men and women to spend their leisure in these
squalid surroundings. I recognise that the man in the street cannot at
first hand study all these problems, and that is why I have set down
something of the disabilities of the poor under the law, in the hope that
my political pastors and masters may take an interest in these domestic
reforms.
There are many, I know, who think that a judge, like a good child, should
in matters of this kind be seen and not heard. But for my part I am not of
that opinion, for if a judicial person knows that the machine he is
working is out of date and consuming unnecessary fuel, blacking out the
moral ether with needless foul smoke, and if, moreover, he thinks he knows
how much of this can be put right at small expense, should he not mention
the matter not only to his foreman and the frock coat brigade in the
office--who are the folk who supply the bad coal--but to the owner of the
machine who has to pay for it and live with it--the man in the street?
Now there is a great deal that might be done to make the law less harsh to
the poor without any very elaborate legislation, and certainly without any
of those absurd inquiries and commissions which are the stones the
latter-day lawgivers throw at the poor when they ask for the bread of
justice.
Public-domain text, read in full here on John Shaqi.
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