Law -- England; Poor -- England; Poor laws -- England; Working class -- England
It is certainly not putting it too strongly to say that the judicial body,
speaking generally, did not love the Workmen's Compensation Act. The idea
at the base of it that a man should compensate another outside the scope
of contract or wrong was to them out of harmony with the English law.
There never was a more honest or single-hearted judge than A. L. Smith,
who was Master of the Rolls when the earliest cases came up for decision
in the Court of Appeal. The social creed of "A. L." was something between
that of the Church catechism and the _Sporting Times_. He was beloved by
rich and poor. His ideal world was one where a good-natured aristocracy
would confer kindnesses on a well-mannered democracy, who should receive
them in a jovial and grateful spirit. There is no doubt that he
endeavoured, as did all the judges of the Court of Appeal, to rightly
interpret its provisions; there is equally no doubt that the spirit of
many of the interpretations placed upon the draftman's words did not give
effect to the intentions of Mr. Chamberlain and those who had passed the
Act. This one can only trace to the habits of mind and social creeds of
judges like "A. L." who were wholly out of touch with the beliefs and
hopes of industrial democracy. The Act of Parliament ought not to have
been sent to the Court of Appeal at all. It was not founded on any legal
principle, it was an insurance scheme that wanted business men to work
it, and, as Mr. Chamberlain had foreseen, lawyers and litigation could in
no way assist its working.
It cannot be gainsaid that the legal history of the Workmen's Compensation
Act is not a thing for lawyers to boast about. No one has a greater
respect for the Court of Appeal--and, indeed, for all my spiritual, legal,
and worldly pastors and masters--than I have. Humility towards those who
are called to any honour amongst us is my foible. I admit I have but a
poor stomach for law and that I often find the learned judgments of Appeal
Courts a little indigestible, but I remember the Irishman sampling the
twopenny racecourse pies, and piously murmur to myself, "Glory be to God,
but they're dam weighty." No one would deny the learning, subtlety and
weight of the judgments in the Court of Appeal on the Workmen's
Compensation Act, but, speaking as a common arbitrator who has to work the
Act at first hand and make it human food for shattered men and widows and
orphans, they have not tended to make my task easier, they have not
simplified and assisted the scheme as a compensation scheme, and they have
not been in harmony with the spoken intentions of the author of the
scheme.
Public-domain text, read in full here on John Shaqi.
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