The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking NationsKennedy, Sinclair
History
The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking Nations
Kennedy, Sinclair
Anglo-Saxon race; Great Britain -- Colonies; Great Britain -- Relations -- United States; United States -- Relations -- Great Britain
law exists regardless of its origin. But experience shows that
the law of any Pan-Angle nation tends to conform to the
practices of our whole civilization.
Because the English common law forms so large an element, and
because it has among us been modified only by English-speaking
people, the Pan-Angle law, though drawn from many sources, {70}
still presents a certain homogeneity. "An English barrister
. . . when once he enters an American court, or begins debating
legal questions with American lawyers, . . . knows that he is
not abroad, but at home; he breathes again the legal atmosphere
to which he is accustomed. The law of America, he finds, is the
law of England carried across the Atlantic, and little changed
even in form. In all legal matters it is the conservatism, not
the changeableness, of Americans which astonishes an English
observer. Old names and old formulas meet us in every law court.
Some twenty-six years ago there were to be found in Chicago in
daily use forms of pleading which had long become obsolete in
England."[70-1]
It is in our common tendencies, however, that the legal
attitudes of the seven nations show most striking accord. Jenks,
quoted earlier, concludes that we are in favour of uniformity,
simplicity, greater freedom of the individual, and more fluidity
of capital and labour, so much so, that "The courts will not
even enforce effectively a contract of service. To do that, it
is said, would be to legalize slavery, and the fact that the
slave has become such by his own act makes no difference. It is
considered that the perfect spontaneity of labour is of more
value than the sacredness of contract."[70-2] Further than this,
actual legislation repeats itself in the many Pan-Angle
law-making bodies. The British Isles, {71} Massachusetts, New
Zealand, and Australia test the merits or demerits of a minimum
wage law. Compulsory insurance, old age pensions, maternity
benefits, and arbitration statutes spring up everywhere. In
efforts to solve some problems one part of the Pan-Angles leads;
in others another part. Whether this is regarded as reform or
experimentation is not under present discussion. The whole
Pan-Angle civilization appears headed towards what is called by
some social amelioration and by others paternalism. Whatever its
true name, this race progress starts from a greater recognition
of the individual and hopes for his greater comfort and welfare.
Of law among the Pan-Angles it may be said that it shows plainly
its relation to English common law; that it is affected by local
conditions resulting from historical causes; that it exhibits
certain common tendencies, and among those is a regard for the
individual and a passing from the viewpoint of status to that of
contract.
Public-domain text, read in full here on John Shaqi.
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