French fiction -- Translations into English; Short stories, French -- Translations into English
For all these reasons--fear of the law, which pounces upon poor people
they know not whence, fear of the hardened judge who refers the case to
his learning rather than to his conscience--our peasants in Western
France with difficulty make up their minds to set in motion the
so-called "protective" machinery of the law. Even the settlement of a
dispute before a justice of the peace seems an extreme measure, and they
have recourse to it only under great stress, which is a matter for
rejoicing, for such is the "social order," that without this fortunate
tendency, mankind, being entirely composed of people who complain, or
have reason to complain, law courts would need to be made big enough to
accommodate the entire human race.
In the country, sources of disagreement abound. The limb of a tree
stretching beyond a fixed boundary, a vagrant root, a fruit dropping on
the wrong side of a hedge, the use of a stream, a right of way, may
bring up interpretations of customs giving to conflicting interests
occasion for dispute. Before coming to the last expedient of going to
law, quarrels, insults, and blows perform their office of preparing the
way for reconciliation, which eventually results from nervous or
muscular exhaustion. A good hand-to-hand fight would constitute a
"judgment of God" not without its merits, but for the temptation to
"appeal" by nocturnal reprisals on innocent crops.
All that might take one very far. Which is the reason why we often find
in country districts certain natural-born arbiters, who bear the same
relation to judges that sorcerers do to doctors. The judge is the
Hippocrates of social maladies, even as the physician is the judge of
physiological disorders. The power to judge and the power to heal are
acquired by some mysterious method concerning which rustic clients and
patients have very misty notions. Judge and physician often make
mistakes, and these create in men's minds a dismay greater than the
comfort induced by their most authentic successes.
Is even learning absolutely necessary to make one competent to judge and
to heal? In olden days this ability was a gift from heaven, a matter
exclusively of divine inspiration, which invested a man with the
requisite faculties. Why should it no longer be the same? The peasant's
slow wit still clings to the old conceptions and retains the imprint of
past beliefs. He therefore prefers the wizard to the doctor, whom
science has stripped of the prestige of mysteriousness. In the same way,
he prefers--rather than to seek advice from competent sources--to
consult concerning his rights, or the conduct of his affairs, one of his
own sort, totally ignorant, and playing the part of doctor of law from
inspiration.
Public-domain text, read in full here on John Shaqi.
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