propositions. It has never for instance had the
shamelessness of such a traditionless and undisciplined
class as the early factory organisers. It has
never had the dull incoherent wickedness of the sort
of men who exploit drunkenness and the turf. It
offends within limits. Barristers can be, and
are, disbarred. But it is now a profession extraordinarily
out of date; its code of honour derives from a time
of cruder and lower conceptions of human relationship.
It apprehends the State as a mere “ring”
kept about private disputations; it has not begun
to move towards the modern conception of the collective
enterprise as the determining criterion of human conduct.
It sees its business as a mere play upon the rules
of a game between man and man, or between men and
men. They haggle, they dispute, they inflict and
suffer wrongs, they evade dues, and are liable or
entitled to penalties and compensations. The
primary business of the law is held to be decision
in these wrangles, and as wrangling is subject to
artistic elaboration, the business of the barrister
is the business of a professional wrangler; he is
a bravo in wig and gown who fights the duels of ordinary
men because they are incapable, very largely on account
of the complexities of legal procedure, of fighting
for themselves. His business is never to explore
any fundamental right in the matter. His business
is to say all that can be said for his client, and
to conceal or minimise whatever can be said against
his client. The successful promoted advocate,
who in Britain and the United States of America is
the judge, and whose habits and interests all incline
him to disregard the realities of the case in favour
of the points in the forensic game, then adjudicates
upon the contest. . . .
Now this condition of things is clearly incompatible
with the modern conception of the world as becoming
a divine kingdom. When the world is openly and
confessedly the kingdom of God, the law court will
exist only to adjust the differing views of men as
to the manner of their service to God; the only right
of action one man will have against another will be
that he has been prevented or hampered or distressed
by the other in serving God. The idea of the
law court will have changed entirely from a place
of dispute, exaction and vengeance, to a place of adjustment.
The individual or some state organisation will plead
on behalf of the common good
either against some state official or state regulation,
or against the actions or inaction of another individual.
This is the only sort of legal proceedings compatible
with the broad beliefs of the new faith. . . .
Every religion that becomes ascendant, in so far as
it is not otherworldly, must necessarily set its stamp
upon the methods and administration of the law.
That this was not the case with Christianity is one
of the many contributory aspects that lead one to the
conviction that it was not Christianity that took
possession of the Roman empire, but an imperial adventurer
who took possession of an all too complaisant Christianity.