JUDGES: THEIR PROFESSIONAL LIMITATIONS

I do not, however, appeal to Lord Gorell's judgment on all points. It is

inevitable that a judge should be deeply impressed by his professional

experience with a sense of the impotence of judges and laws and courts

to deal satisfactorily with evils which are so Protean and elusive as to

defy definition, and which yet seem to present quite simple problems to

the common sense of men of the world. You have only to imagine the Privy

Council as consisting of men of the world highly endowed with common

sense, to persuade yourself that the supplementing of the law by the

common sense of the Privy Council would settle the whole difficulty. But

no man knows what he means by common sense, though every man can tell

you that it is very uncommon, even in Privy Councils. And since every

ploughman is a man of the world, it is evident that even the phrase

itself does not mean what it says. As a matter of fact, it means in

ordinary use simply a man who will not make himself disagreeable for the

sake of a principle: just the sort of man who should never be allowed to

meddle with political rights. Now to a judge a political right, that

is, a dogma which is above our laws and conditions our laws, instead of

being subject to them, is anarchic and abhorrent. That is why I trust

Lord Gorell when he is defending the integrity of the law against

the proposal to make it in any sense optional, whilst I very strongly

mistrust him, as I mistrust all professional judges, when political

rights are in danger.

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