Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Nowadays there is a tendency among the less discerning of mankind to set
down all the rough edges and inequalities of the law to the fault of the
judges, though in truth they have but a small part in the making of new
laws, and I do not think they can be rightly blamed for harsh
administration. They get the blame because they are the figure-heads of
the show, so to speak, and the public know nothing of the difficulties
under which the judges labour. It is their duty to administer the
complicated modern laws turned out by Parliament in a somewhat haphazard
fashion, and they are bound to keep alive old-world laws that ought long
ago to have been shot on to the rubbish heap. Nearly all the law relating
to the poor will be found to be defective to our modern sympathies, just
because it is a patching up of the ancient cruel pagan law of past ages
and does not break bravely away from the old superstitious uses and close
for ever the volumes of laws that were made in the days when liberty and
equality and fraternity were words of anarchy and rebellion.
The poor are suffering to-day at the hands of the law because in the
evolution of things we have a lot of old derelict law made by slaveowners
for slaves, by masters for serfs, by the landlords for the landless. It is
law that has no more relation to the wants of to-day, and would be of no
more purpose to a Ministry of Justice--if we had one--than crossbows and
arquebuses would be to the War Office, or coracles to the Admiralty. And,
instead of cursing the judges, who, poor fellows, are doing their best, I
wish our parliamentary masters would look into the history of the matter.
They would find, I think, that in the last few years enormous reforms have
been made in modifying the cruelty of the law to the poor, and might
discover, by marking back on the track of past reform, the lines upon
which further evolution may be hastened. One thing, I think, they will be
convinced about: it is not the judges who are hard on the poor, it is the
law. It is the sins of the lawgivers of the past that the poor are
expiating to-day.
CHAPTER II
THE ANCIENTS AND THE DEBTOR
My thoughts are with the Dead, with them
I live in long-past years,
Their virtues love, their faults condemn,
Partake their hopes and fears,
And from their lessons seek and find
Instruction with a humble mind.
ROBERT SOUTHEY:
"My Days among the Dead are past."
I find this question of the debtor, and our modern method of imprisoning
the poorer variety of the genus, in the forefront of any consideration of
the problem of the law and the poor, because to my mind it is a clear and
classic instance of the way in which it comes about that the law with us
is a respecter of persons.
Public-domain text, read in full here on John Shaqi.
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