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What is Coming?

Chapter 6 LAWYER AND PRESS

Word Count: 4888    |    Released on: 06/12/2017

ted now by vast and urgent necessities, by opportunities that may never recur. Individualism has achieved its inevitable failure; "go as you please" in a world that also

ver and administer and succeed with a great system of collective functions, has to

ic State in the hands of a class of men not specially

that will be constructive, responsive, liberal, scientific, and efficient; the Western countries have to do the same with that oligarchy of politicians which, as Professor Michels has recently pointed out in his striking book on "Political Parties," is the necessary reality of democratic government. By different m

against the "lawyer-politician." He is our embarrassment. In him we personify all our difficulties. Let us consider the charges against this individual. Let us ask, can we do without him? And let u

t type of mind. The legal mind, he insisted, looks necessarily to the past. It is dilatory because it has no sense of coming things, it is uninventive and wasteful, it does not create, it takes advantage. It is the type of mind least able, under any circumstance

eptional power. In Britain it happens that the unfortunate course was taken ages ago of bribing the whole legal profession to be honest. The British judges and law officers are stupendously

test prizes, therefore, before an energetic young man who has to make his way in Great Britain are the legal prizes, and his line of advancement to these lies, for all the best years of his life, not through the public service, but through the private practice of advocacy. The higher educat

been uninventive, dilatory, and without initiative; it has been wasteful and evasive; but it has not been wanting in a certain eloquence and dignity, it has been wary and shrewd, and it has held on to office with the concentrated skill

of government is to deal between man and man; it is not to manage the national affairs in detail, but to secure the proper managers, investigators, administrators, generals, and so forth, to maintain their efficiency, and keep the balance between them. We cannot do without a special class of men for these interventions and controls. In other words, we cannot do without a special class of politicians. They may be elected by a public or appointed by an aut

a government of lawyers and looks about for an alternative, the first fig

s so largely accountable for the massive slowness, the confused action, the slovenliness rather than the weakness of purpose, shown by Great Britain

s of a mediaeval guild. They seem to have no sense of the State they could develop, no sense of the future they might control. Their law and procedure has never been remodelled upon the framework of modern ideas

doctor is now largely emancipated from his archaic limitations as a skilled retainer. He thinks more and more of the public health, and less and less of his patron. Th

ordid disputes that centre upon young Master Slingsby's ear--whether it is the Slingsby family ear or the ear of a supposititious child--a question that any three old women might be trusted to settle. After that he rests for a fortnight and recuperates, and returns--to take up a will case turning upon the toy rabbits a

of the commonweal to intervene in every case between man and man. There is every reason why trivial disputes about wills and legitimacy should not be wasting our national resources at the present time, when nearly every other form of waste is being restrai

had some scientific education, and whose imagination has been quickened by the realisation of life as creative opportunity. We want to emancipate this profession from its ancient guild restrictions--the most anti-social and disastrous of all such restric

corrupted, who would be only too glad to exchange the sordid vulgarities and essential dishonour

this question. The current development of political institutions and the possible development of a new spirit and method in the legal profession are so intimately interwove

l concessions. The British working men, for example, have abandoned scores of protective restrictions upon women's labour, upon unskilled labour, for which they have fought for generations; they have submitted to a virtual serfdom that the nation's needs might be

f amateurs and women, or to abate one jot or one tittle of its habitual rewards. There has been no attempt to reduce the costly law officers

f mediaeval unsoundness. Barristers seem to age prematurely--at least in Great Britain--unless they are born old. In the legal profession one hears nothing of "the yo

d France, Germany, and Russia; and after the war there lies the possibility of still more violent stresses; so that what is as yet a mere

ountain-pen and trying to write with a walking-stick or a revolver or a flash-light--and then when that is found to be impossible, a resolute attempt to clean and reconstitute the legal profession on modern and more honourable lines; a movement into which, quite possibly, a number of the younger British lawyers, so soon as they realise that the movement is g

d correcting its influence. In ancient Hebrew history--it may be a warning rather than a precedent--there were two great forces, one formal, conservative and corrupting, the other undisciplined, creative, an

ase of France, a less wealthy and finer type of lawyer interacts with a less impersonal Press. It is in the great contrasts and the essential parallelism of the French and the Anglo-Saxon democratic systems that one finds the best practical reason for anticipating very profound changes in these two inevitables of

red the long-weakened bonds that once linked this and that newspaper with this and that party. For years the Press of all the Western democracies has

e British oligarchy; that was before modern democracy had begun to produce its characteristic political forms. It is not so very much more than a century ago that Great Britain had her first lawyer Prime Minister. Through all the Napoleonic wars she was still a country ruled by great feudal landlords, and gentlemen a

mingles with the new. But most of his colleagues are of the new order. They would have been incredible in the days of Lord Melbourne. In its essential quality the present British Government is far more closely akin to the French than it is to its predecessor of a hundred years ago. Essentially

and the Commons, debating through a Ministry and an Opposition, still govern the British Empire. As a matter of fact it is the lawyer-politicians, split by factions that simulate the ancient government and opposition, who rule, under a steadily growing pressure and checking by the Press. Since this war began t

ician. And if on the one hand the public has no control over what is printed in a paper, it has on the other the very completest control over what is read. A politician is checked by votes cast once in several years, a newspaper is checked by sales that vary significa

wer more particularly for mischief--for the creation of panic conditions, for example--so much swifter, tha

rity of the Press? And I submit the answer is the Press. For while the legal profession is naturally homogeneous, the Press is by nature heterogeneous. Dog does not eat dog, nor lawyer, lawyer; but the newspapers are sharks and cannibals, they are in perpetual conflict, the Press is a profession as open as the law is closed; it has no anti-social guild feeling; it was

responsibility. A better case is to be made against it for what I will call, using the word in its least offensive sense, its venality. By venality I mean the fact, a legacy from the now happily vanishing age of individualism, that in theory and law at least anyone may own

s venality will be far more dangerous to the Allied countries after the war than during its continuance. So long as the state of war lasts there are prompt methods available f

be as entirely in the market as railway tickets at a station unless we make some intelligent preventive provision. Unless we do, and if, as is highly probable, peace puts no immediate stop to international malignity, the Germans will be bigger fools than I think them if they do not try to get hold of these public services. It is a matter of primary importance in the outlook of every country in Europe, therefore, that it should insist

able in law and in men's minds, as an estate of the realm, as something implicitly under oath to serve the State. I do not agree with Professor Michel's pessimistic conclusion that peace will bring back exacerbated party politics and a new era of futility to the democratic countries. I believe that

ing instead of wigs and gowns, lawyers who have studied science and social theory instead of the spoutings of Cicero and the loquacious artfulness of W.E. Gladstone, lawyers who look forward at the destiny of their country instead of backward and at the markings on their briefs, may yet astonish the world. The British lawyer really holds the future of the British Empire and, indeed, I

of this or that sort of administrative ability and experience, the men of creative gifts and habits, every sort of man who wants the world to get on, look for the removal (or the ingeni

enly that there is another figure present, who has never been present before in the reckoning up of British affairs. It is a silent figure. This figure stands among the pressmen and among the lawyers and among the workers; for a couple of

farther and deeper and more bi

benefit of proportional representation in eliminating the party hack from political life. Proportional representation would probably break up party organisations altogether, and it would considerably enhance the importance and responsibilit

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