Law -- England; Poor -- England; Poor laws -- England; Working class -- England
It was, in fact, settled by Mr. Justice Stephen in 1880, who declared that
the telephone was a telegraph within the meaning of the Telegraph Acts,
1863, 1869, although the telephone was not invented or contemplated in
1869. In this way its proper development in this country was arrested for
more than a generation. This is a remarkable instance of judge-made law.
Why should an individual citizen just as unversed in science and business
as the man in the street have the right to enact what should or should
not be done with an entirely new invention which was not in existence when
the statute which he pretends to apply was enacted. If the judges decided
that an aeroplane plying for hire was a hackney carriage it would in law
remain liable to all the statutory hackneydom of carriages until
Parliament otherwise ordained. Is it not becoming time when judges,
instead of making new and often reckless law, should be satisfied with
declaring that in the case before them there is no law to their knowledge,
and it is for the Legislature to consider and enact some. If this had been
Mr. Justice Stephen's decision in _The Attorney-General v. The Edison
Telephone Co. of London, Ltd._, how much better for all of us to-day!
Again, in the Workmen's Compensation Act, Parliament, it is known,
intended and desired to express many things which the judicial
interpretations of the Act have altered and amended out of all
recognition. It is scarcely true that these interpretations are all of
them due to the verbal inaccuracy of the parliamentary draftsman, because
one often finds the Court of Appeal taking one view of the meaning of the
words and the House of Lords another. The real parliamentary object of the
Act is now very difficult to understand and ascertain from the language
used in the judgments interpreting it. If law were really a science and
the interpretations of statutes by judges merely an ascertaining of
parliamentary intention, one would not expect to find such different
interpretations put upon the same words and the parliamentary intention so
openly ignored. In America grave popular discontent has arisen over the
law-making propensities of judges and their bold refusal to carry out the
intentions of the Legislature. We have no such widespread feeling in this
country, nor are we likely to have, but, all the same, if we were to
recognise the law-making power of our judges and openly discuss it and
endeavour to define and limit it, there would be less fear in the future
of a rupture between the people and the judges when futurist laws of
far-reaching social reform come to be administered by the Courts. The
lamentable failure of consistent interpretations of the Compensation Acts
is not calculated to raise the judiciary in the affections and respect of
the working classes.
Public-domain text, read in full here on John Shaqi.
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