Attorney and client -- Fiction; Law firms -- Fiction; Legal stories; New York (N.Y.) -- Fiction
"You have the idea," replied Mr. Tutt. "Crime is unsuccessful defiance
of the existing order of things. Once rebellion rises to the dignity of
revolution murder becomes execution and the murderers become
belligerents. Therefore, as all real progress involves a change in or
defiance of existing law, those who advocate progress are essentially
criminally minded, and if they attempt to secure progress by openly
refusing to obey the law they are actual criminals. Then if they
prevail, and from being in the minority come into power, they are taken
out of jail, banquets are given in their honor, and they are called
patriots and heroes. Hence the close connection between crime and
progress."
Tutt scratched his chin doubtfully.
"That sounds pretty good," he admitted, "but"--and he shook his
head--"there's something the matter with it. It doesn't work except in
the case of crimes involving personal rights and liberties. I see your
point that all progressives are criminals in the sense that they are
'agin the law' as it is, but--I also see the hole in your argument,
which is that the fact that all progressives are criminals doesn't make
all criminals progressive. Your proposition is only a half truth."
"You're quite wrong about my theory being a half truth," retorted Mr.
Tutt. "It is fundamentally sound. The fellow who steals a razor or a few
dollars is regarded as a mean thief, but if he loots a trust company or
takes a million he's a financier. The criminal law, I maintain, is
administered for the purpose of protecting the strong from the weak, the
successful from the unsuccessful the rich from the poor. And, sir"--Mr.
Tutt here shook his fist at an imaginary jury--"the man who wears a red
necktie in violation of the taste of his community or eats peas with his
knife is just as much a criminal as a man who spits on the floor when
there's a law against it. Don't you agree with me?"
"I do not!" replied Tutt. "But that makes no difference. Nevertheless
what you say about the criminal law being devised to protect the rich
from the poor interests me very much--very much indeed But I think
there's a flaw in that argument too, isn't there? Your proposition is
true only to the extent that the criminal law is invoked to protect
property rights--and not life and liberty. Naturally the laws that
protect property are chiefly of benefit to those who have it--the rich."
"However that may be," declared Mr. Tutt fiercely, "I claim that the
criminal laws are administered, interpreted and construed in favor of
the rich as against the liberties of the poor, for the simple reason
that the administrators of the criminal law desire to curry favor with
the powers that be."
"The moral of which all is," retorted the other, "that the law ought to
be very careful about locking up people."
"At any rate those who have violated laws upon which there can be a
legitimate difference of opinion," agreed Mr. Tutt.
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