Law -- England; Poor -- England; Poor laws -- England; Working class -- England
What grave problems have to be judicially decided on the green as to the
use of "thumb" or "finger" bias before the "wood" is delivered! What
anxiety is pictured on the face of the bowler! What contortions of his
body are involuntarily indulged in as the bowl speeds on its way and
does--or more often does not--carry out the intentions of the bowler!
And therein, I think, lies the secret of the evil meaning we have given to
the word "bias." We see our "wood" careering across the green and hear it
fall with a dull thud on the path beyond, and instead of blaming ourselves
we blame the bias. Thus, owing to the alarming prevalence of duffers on
the green and in the greater world surrounding it, the word "bias" has
come to be regarded as a tendency that leads astray rather than a tendency
that keeps straight and is up to "the mark."
And when I am asked whether there is bias on the English bench, I
cheerfully reply that I hope and believe there is. I have met with
unbiassed bowls, and very poor "woods" they were. I have met with men
almost devoid of bias, and I never found that they were continuously up to
the mark. Bias is as essential as character to both "woods" and men. As
far as I remember I have never met a judge without "bias" and seldom seen
one whose bias was not fairly under control. We want bias on the bench
because we like to feel that the men who decide our disputes are not mere
automatic legal slot machines, but human beings, with likes and dislikes
similar to ours, trained to hear and determine our disputes and honestly
endeavouring to decide the cases without fear or favour. When judicial
bias carries the judgment beyond "the mark" we grieve not that the bias is
there but that it has been injudiciously used.
From the true bowler's point of view there is only one bias, a bias
towards things, but in our vulgar misuse of language we speak of a bias
against things. And if that is to be allowed no one would grudge a poor
working judge his right to a bias against fraud and dishonesty, greed
and oppression. Such a bias should indeed be instinct in him in the same
way as a golfer has a bias against bunkers, a terrier against rats, and a
mongoose against snakes. But even a good bias requires strict and cunning
control. I remember a very excellent and sage judge--in most matters a
cool fountain of deliberate justice--whose bias towards purity and a high
ideal of man's conduct towards woman was so little under control that in
cases, and especially criminal cases relating to these affairs, it was
very difficult for him to conduct the case with justice to the accused.
His bias against the sin over-rode his judgment of the crime.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account