The Archive · 1924

For Common Men

'Two common facts prove that this is so. No one can deny them. 'The first is the fact, that no matter how complicated a' law case may be, we all read the reports in the newspapers, and manage to understand them. The Tichborne was followed by scores of thousands of ordinary people. Judges and counsel are among our ablest met and they can manage to analyse the most awful legal mess, and make it 0 lucid, that you feel ashamed at ever having had any difficulty at all. But we cannot read an ast-

Yonomical treatise on the motions of the planets unless we know something of the higher mathem ties. If we don't know the higher' mathematics we don't, and no Amount of common-sense gives us the necessary capacity to read Secondly, there is the jury.system, No one in an ordinary Jury has had any legal training. 'The jury made up of of 12 ordinary honest men. Yet we take for granted, and rightly, that the judge, aided by counsel,' can make the most abstruse point crystal clear to a Jury of plain men, of no special training in law, just ordinary me This is not so as to an engineering question. Take that wreck of the new dynamo at the Shanghai Kiverade station a few months ago, could not form a jury of Reaiee erdinaty am. talgiea decision as to the cause of that disaster. No, indeed. A jury of electric engineers might serve, but not of ordinary men, @ butcher, a baker and the rest. No. A decision on that disaster depends on the possession of technical knowledge on voltage, on stresses and strains, and formulae, which you either know for do not. If you do not know the technicalities of electric engineering. your judgment is not worth a cent, even if you have the moral capacity fof St. Paul. But you can give a judgment on the most complicated Jaweease, because it has to do with moral considerations only, of which God has made everyone of us a id judge, for we are essentially moral beings. Professor Vinogradof® shows, that the law always - comes round' to common-sense. He inst Jances the case of great Corporations and libel. When great Companies began to be formed the law held, that "A Corporation is incapable' of libel." That was atrocious. great Company could call the [directors of a rival concern a "pack of thieves," without being liable to Prosecution for libel, the reason given being that a Corporation is not a person. But that soon, got altered. Lord Lindley said, "it is Jabsurd to make a statement libel-

Tous in one case, and not in another." The law came round to [the moral view.

In fact, you can take these words our Lord, which I have quoted jas my text, and apply them to law, "And why even of yourselves judge rye not that which is right?" This word "judge" has says Professor Deissman, been found on. old Greek letters dag up in the sands of Egypt. There has been found one fetter, in which 2 man prays a goddess to give a right judgment Jon a prayer of his for revenge on an enemy.

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

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