The Archive · 1926

The Judge Looks Back

Dec. 29.

Lord Darling, who was acclaimed as "the wittiest judge on the bench, from which he retired in 1923, has been writing his impressions of the progress of legislation as it affects juris prudence during the long period fon which he can look back, He notes, first, that the laws of Britain are now made by an entively different class than was the case in his youth, This reformation was not accomplished without much travail, The extension of the franchise—to the common people was looked on by the nobility and landed interest with deep—misgiving. They had been the lawmakers of the country for generations and honestly believed that the passing of power into the hands of those they styled the lower orders meant the end of everything. But the men who made the great experiment and trusted, what was then, an angry and almost disloyal democracy, had their faith justified by results, The most immediate change was a great softening of the penal laws; a change that the venerable judge seems to think has been carried to the extreme verge of safety.

The position of woman before the law has been almost revol lutionized. Halt a century ago she was regarded as a dependant and had almost no rights as against the authority of her husband, This subordinate posi-carried with it, it is true, certain advantages, If the husband had power to curb her activities he was also responsible for her misdeeds. If her spaniel bit anyone, the husband had to pay the damages, Likewise if, in amiable gossip, ske slandered her neighbour, the innoent husband was mulcted for her loquacity. Now that women have their position aqua" lized and have the same rights jas their quondam lords, the judge finds it an astonishing thing that they show such alalarity in freeing themselves from the bonds of matrimony that the divorce court is the busiest of our tribunals, The position of the worker has false changed very materially for the better. Perhaps this mainly because the worker, himself, has changed. It is no long-jer an uncommon thing for a man who began life in the humblest capacity to rise to a place of power and influence. Sean Casey, the Dublin dock labourer who has leapt into fame asa playwright, is an interesting example but is not regarded as a phenomenon. Many of our foremost writers have risen from quite. lowly beginnings and are worthy to bear him good company. The judge thinks that the power giv-fen to trade unions, not, only to strike work but to prevent other from working, is liberty turned

Text read from the printed page and cleaned; old type leaves the occasional error.

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