The Map of Life: Conduct and CharacterLecky, William Edward Hartpole
Philosophy
The Map of Life: Conduct and Character
Lecky, William Edward Hartpole
Character; Conduct of life
because, in the writ that was issued for his arrest, by a copyist's
error the word 'sheriff' was written instead of 'sheriffs,' or that of a
lady who was deprived of an estate of £14,000 a year because by a mere
mistake of the conveyancer one material word was omitted from the will,
although the clearest possible evidence was offered showing the wishes
of the testator.[40] Such lawyers argue that in will cases 'the true
question is not what the testator intended to do, but what is the
meaning of the words of the will,' and that the balance of advantages is
in favour of a strict adherence to the construction of the sentence and
the technicalities of the law, even though in particular cases it may
lead to grave injustice.
It must indeed be acknowledged that up to a period extending far into
the nineteenth century those lawyers who adopted the most technical view
of their profession were acting fully in accordance with its spirit.
Few, if any, departments of English legislation and administration were
till near the middle of this century so scandalously bad as those
connected with the administration of the civil and the criminal law, and
especially with the Court of Chancery. The whole field was covered with
a network of obscure, intricate, archaic technicalities; useless except
for the purpose of piling up costs, procrastinating decisions, placing
the simplest legal processes wholly beyond the competence of any but
trained experts, giving endless facilities for fraud and for the evasion
or defeat of justice, turning a law case into a game in which chance and
skill had often vastly greater influence than substantial merits. Lord
Brougham probably in no degree exaggerated when he described great
portions of the English law as 'a two-edged sword in the hands of craft
and of oppression,' and a great authority on chancery law declared in
1839 that 'no man, as things now stand, can enter into a chancery suit
with any reasonable hope of being alive at its termination if he has a
determined adversary.'[41]
The moral difficulties of administering such a system were very great,
and in many cases English juries, in dealing with it, adopted a rough
and ready code of morals of their own. Though they had sworn to decide
every case according to the law as it was stated to them, and according
to the evidence that was laid before them, they frequently refused to
follow legal technicalities which would lead to substantial injustice,
and they still more frequently refused to bring in verdicts according to
evidence when by doing so they would consign a prisoner to a savage,
excessive, or unjust punishment. Some of the worst abuses of the English
law were mitigated by the perjuries of juries who refused to put them in
force.
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