Equality & Looking Backward. Edward Bellamy
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advocates, and a bench sometimes venal, and often with a tenure that made it dependent, but is needless now. No conceivable motive but justice could actuate our judges.”
“How are these magistrates selected?”
“They are an honorable exception to the rule which discharges all men from service at the age of forty-five. The President of the nation appoints the necessary judges year by year from the class reaching that age. The number appointed is, of course, exceedingly few, and the honor so high that it is held an offset to the additional term of service which follows, and though a judge’s appointment may be declined, it rarely is. The term is five years, without eligibility to reappointment. The members of the Supreme Court, which is the guardian of the constitution, are selected from among the lower judges. When a vacancy in that court occurs, those of the lower judges, whose terms expire that year, select, as their last official act, the one of their colleagues left on the bench whom they deem fittest to fill it.”
“There being no legal profession to serve as a school for judges,” I said, “they must, of course, come directly from the law school to the bench.”
“We have no such things as law schools,” replied the doctor smiling. “The law as a special science is obsolete. It was a system of casuistry which the elaborate artificiality of the old order of society absolutely required to interpret it, but only a few of the plainest and simplest legal maxims have any application to the existing state of the world. Everything touching the relations of men to one another is now simpler, beyond any comparison, than in your day. We should have no sort of use for the hair-splitting experts who presided and argued in your courts. You must not imagine, however, that we have any disrespect for those ancient worthies because we have no use for them. On the contrary, we entertain an unfeigned respect, amounting almost to awe, for the men who alone understood and were able to expound the interminable complexity of the rights of property, and the relations of commercial and personal dependence involved in your system. What, indeed, could possibly give a more powerful impression of the intricacy and artificiality of that system than the fact that it was necessary to set apart from other pursuits the cream of the intellect of every generation, in order to provide a body of pundits able to make it even vaguely intelligible to those whose fates it determined. The treatises of your great lawyers, the works of Blackstone and Chitty, of Story and Parsons, stand in our museums, side by side with the tomes of Duns Scotus and his fellow scholastics, as curious monuments of intellectual subtlety devoted to subjects equally remote from the interests of modern men. Our judges are simply widely informed, judicious, and discreet men of ripe years.
“I should not fail to speak of one important function of the minor judges,” added Dr. Leete. “This is to adjudicate all cases where a private of the industrial army makes a complaint of unfairness against an officer. All such questions are heard and settled without appeal by a single judge, three judges being required only in graver cases. The efficiency of industry requires the strictest discipline in the army of labor, but the claim of the workman to just and considerate treatment is backed by the whole power of the nation. The officer commands and the private obeys, but no officer is so high that he would dare display an overbearing manner toward a workman of the lowest class. As for churlishness or rudeness by an official of any sort, in his relations to the public, not one among minor offenses is more sure of a prompt penalty than this. Not only justice but civility is enforced by our judges in all sorts of intercourse. No value of service is accepted as a set-off to boorish or offensive manners.”
It occurred to me, as Dr. Leete was speaking, that in all his talk I had heard much of the nation and nothing of the state governments. Had the organization of the nation as an industrial unit done away with the states? I asked.
“Necessarily,” he replied. “The state governments would have interfered with the control and discipline of the industrial army, which, of course, required to be central and uniform. Even if the state governments had not become inconvenient for other reasons, they were rendered superfluous by the prodigious simplification in the task of government since your day. Almost the sole function of the administration now is that of directing the industries of the country. Most of the purposes for which governments formerly existed no longer remain to be subserved. We have no army or navy, and no military organization. We have no departments of state or treasury, no excise or revenue services, no taxes or tax collectors. The only function proper of government, as known to you, which still remains, is the judiciary and police system. I have already explained to you how simple is our judicial system as compared with your huge and complex machine. Of course the same absence of crime and temptation to it, which make the duties of judges so light, reduces the number and duties of the police to a minimum.”
“But with no state legislatures, and Congress meeting only once in five years, how do you get your legislation done?”
“We have no legislation,” replied Dr. Leete, “that is, next to none. It is rarely that Congress, even when it meets, considers any new laws of consequence, and then it only has power to commend them to the following Congress, lest anything be done hastily. If you will consider a moment, Mr. West, you will see that we have nothing to make laws about. The fundamental principles on which our society is founded settle for all time the strifes and misunderstandings which in your day called for legislation.
“Fully ninety-nine hundredths of the laws of that time concerned the definition and protection of private property and the relations of buyers and sellers. There is neither private property, beyond personal belongings, now, nor buying and selling, and therefore the occasion of nearly all the legislation formerly necessary has passed away. Formerly, society was a pyramid poised on its apex. All the gravitations of human nature were constantly tending to topple it over, and it could be maintained upright, or rather upwrong (if you will pardon the feeble witticism), by an elaborate system of constantly renewed props and buttresses and guy-ropes in the form of laws. A central Congress and forty state legislatures, turning out some twenty thousand laws a year, could not make new props fast enough to take the place of those which were constantly breaking down or becoming ineffectual through some shifting of the strain. Now society rests on its base, and is in as little need of artificial supports as the everlasting hills.”
“But you have at least municipal governments besides the one central authority?”
“Certainly, and they have important and extensive functions in looking out for the public comfort and recreation, and the improvement and embellishment of the villages and cities.”
“But having no control over the labor of their people, or means of hiring it, how can they do anything?”
“Every town or city is conceded the right to retain, for its own public works, a certain proportion of the quota of labor its citizens contribute to the nation. This proportion, being assigned it as so much credit, can be applied in any way desired.”
Chapter 20
That afternoon Edith casually inquired if I had yet revisited the underground chamber in the garden in which I had been found.
“Not yet,” I replied. “To be frank, I have shrunk thus far from doing so, lest the visit might revive old associations rather too strongly for my mental equilibrium.”
“Ah, yes!” she said, “I can imagine that you have done well to stay away. I ought to have thought of that.”
“No,” I said, “I am glad you spoke of it. The danger, if there was any, existed only during the first day or two. Thanks to you, chiefly and always, I feel my footing now so firm in this new world, that if you will go with me to keep the ghosts off, I should really like to visit the place this afternoon.”
Edith demurred at first, but, finding that I was in earnest, consented to accompany me. The rampart of earth thrown up from the excavation was visible among the trees from the house, and a few steps brought us to the spot. All remained as it was at the point when work was interrupted by the discovery of the tenant of the chamber, save that the door had been opened and the slab from