PREFACE

Lawyers are supposed to be more interested in the past than in the

future and to resent lay criticism. Yet most lawyers would find

the contemplation of existing anomalies intolerable if there were

no prospect of any future remedy, and so far as lay criticism is

concerned, it is almost invariably the lawyers who want reforms and

are hopelessly obstructed by stupidity and indolence in the House of

Commons. If the laity were really interested in legal reform the world

would be a happier place.

In the last twenty years I have come across a large number of judges,

barristers, and solicitors who have spent endless time and trouble

in trying to improve our marriage and divorce laws without receiving

any aid or gratitude from the public, and even an incomparable jurist

and versatile scholar like Sir Frederick Pollock has never spared any

effort to remove hardship with which he may not have been brought so

closely in contact as less learned men.

I mention all this because my motive in writing the following remarks

is to stimulate the interest of the laity in the law. The law offers

a fine intellectual discipline and moral training to its students.

Its standard of honesty is far higher than the ordinary commercial

standard and it teaches men and women how to think, as distinct from

cramming miscellaneous facts into their heads without any guiding

principle. Medieval men and women who had any education at all were far

better educated than the newspaper reader of to-day. They were often

bilingual and usually understood theology, if not law, and therefore

comprehended logic and the rules of reasoning far better than the

ordinary voter of our own time.

Professor Jowett once said that logic was “neither a science nor an art

but a dodge,” and that is rather the attitude of the man in the street

to law. I hope that any reader of this book who may be induced to look

into some of the points I have mentioned will feel this attitude to be

as Philistine and unworthy as Jowett’s other observation that “Ici on

parle français” was the real inscription over the gates of Hell.

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